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Bar Association reporting

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Ce_lv

Junior Member
What is the name of your state? Nevada
I’m planning on suing my former lawyer for malpractice, based on her lies and misinterpretation. If I report her to the Bar Association for ethical misconduct, can I still follow up with the malpractice suit? I can’t afford another lawyer now, and I need to force the last one to release my records so I can represent myself.
 


Dandy Don

Senior Member
How have you been damaged, financially?

Yes the two actions are independent of each other, but if you want the ethics case to recover your damages, you will not need to file a lawsuit. How much money is at state here and what type of malpractice occurred?
 

garrula lingua

Senior Member
Ce_lv said:
What is the name of your state? Nevada
I’m planning on suing my former lawyer for malpractice, based on her lies and misinterpretation. If I report her to the Bar Association for ethical misconduct,

ethical misconduct ? or unethical conduct ?

can I still follow up with the malpractice suit? I can’t afford another lawyer now, and I need to force the last one to release my records so I can represent myself.
Goodness, how many attys have you hired & replaced ?
You shouldn't have to 'force' any atty to return your file to you.

How will you allocate the 'malpractice' among attys ?

What type of case is this ?
As Dandy said, what are your financial damages ?
 

Ce_lv

Junior Member
RE: Bar Association Reporting

This is a guardianship case. My son received a settlement from the Vaccine Compensation program, after being hurt by a vaccine as a baby. I was never told by the initial lawyer who set up the guardianship that I was supposed to report back to the court on how the money was to be spent, and all the court papers stipulated the money was to be used for the care of the child, not what kind of care. Just to clarify something- I am a loving, dedicated mother who has always put the needs of my children, especially the special needs child, first and foremost in everything. No one has ever claimed I did not take proper care of this child. His care has always cost more than the guardianship money I received. But a lot of the care was paid for in cash, especially his tutors, who do not want to claim their side job of tutoring my son, and I have no proof of most of it. My ex husband knew all that. He came after me for the guardianship after the divorce, as a way to harass me. The lawyer I hired to defend me lied from day one about what to expect, her experience (she claimed to have done dozens of similar cases, just to admit in court 1.5 years into this that this was a learning experience for her), she never involved me in any of the decisions, and ever placed a motion that completely ruined this case for me, opposite of what I told her I wanted her argument to be, on a day she conveniently forgot to tell me she had changed the court time, making it impossible for me to be present to stop her from placing that motion. This motion gave our local court jurisdiction over the decision of how my son’s guardianship was supposed to be used, since the federal papers never stipulated any further than “to the care of the child”. At that point in the case, I asked my then lawyer to teach me how to go ahead defending myself, and she not only threatened me, she also played the concerned woman card, about how she couldn’t abandon me to my harassing ex husband and a court that hates people representing themselves, and would always rule against me if I did, and she then told me she would take $50.00 a month as payment for the rest of her life if that’s what it took for me not to fire her. She hit me with motions to get a lien against me when I questioned her experience and misrepresentation, without any warning. My lawyer also never provided me with court papers, and now wants to charge me $0.36 a copy, plus make me pay for all the evidence and court video tapes I already paid for. As of right now, I owe her about $13,000, and I owe the guardianship over $20,000, I've already paid this lawyer thousands of dollars, and I’m left representing myself without the proper documents she refuses to provide me. Again, I’m a hard working mother who gets minimum if any child support, and can’t afford any of this. I’m also a Real Estate agent, and both my ex husband and this lawyer have threatened to get a judgment against me so they can came after my license, which is mine and my children’s livelihood. Any suggestions on how to go about suing this lawyer? I obviously can’t afford another lawyer now.
 

Ce_lv

Junior Member
RE: Bar Association Reporting

garrula lingua said:
Goodness, how many attys have you hired & replaced ?

The first lawyer involved in this case was the one who represented me with the Vaccine Compensation case. He was very professional, and I have nothing but great things to say about him. He's not in the same state as I am, and once the federal case was over, he couldn't represent me anymore- He was the one who found me a local attorney just to set up the guardianship. This attorney did a terrible job by not informing of my obligations and not having me involved with the setting up of the guardianship in court, as I now know she was supposed to do. 2 different judges have advised me to go after her for malpractice. I'm sure her mistakes were caused by pure ignorance, though. Her involvement with this case was over once the guardianship was set up, and I had no intentions of hiring her to help me when I needed someone else, since she didn't do her job properly to begin with.

5 years after the guardianship was set up, my ex husband's lawyers told him he could use this guardianship to harass me. At that point, I hired this third lawyer, who is the only one I have any intention of suing. Her malicious and unethical behavior has caused me all this damage.


You shouldn't have to 'force' any atty to return your file to you.
I have requested the return of my file a total of 9 times now, in writing, emails and phone calls. All I got from this lawyer is a letter saying how I'll have to pay for any documents I want copied and any evidence.


How will you allocate the 'malpractice' among attys ?
I don't plan to, since I'm only looking to sue one attorney.


What type of case is this ? Guardianship

As Dandy said, what are your financial damages ?
My financial damages are in the tune of 40-50 K. The case is not finalized yet.
 

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