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Hitler in Springtime

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mtpockets

Member
What is the name of your state? CA

I think I was the victim of a "Hitler in Springtime" scam: "We're so sorry. The play was a flop and we lost all your money. Producing plays is risky business. Better luck next time."

My former attorney did all of the following in the order presented.

  1. Told me I had a very strong case.
  2. Obtained an admission of liability on the record from the defendants, who were in pro per and didn't understand the implications of their admissions.
  3. Precluded a settlement by failing to correct some gigantic misconceptions they had, which led them to seriously underestimate their exposure, and by telling the defendants that I would have difficulty prevailing against them.
  4. Offered to dismiss the defendants if they would testify in a way that would weaken my case and then coached them through their depositions.
  5. Repeatedly continued the case by falsely representing to the judge that we needed additional evidence, but never obtained this additonal evidence.
  6. Charged me for work that was never done.
  7. Advised me that I might not get a large enough judgment to justify my legal fees (which were, of course, inflated.)
To summarize, I was induced to pay an inflated fee because I saw results almost immediately and believed that we were going to trial shortly. Once I was hooked, my attorney attempted to destroy my case, while repeatedly asking for unnecessary continuances and then told me that my prospects weren't so hot (lawsuits are risky business).

Does the standard of care encompass strategy? Is is malpractice to discourage the other side from offering a settlement? Does a fee have to be reasonable in light of what was accomplished? Can an attorney be held accountable for misrepresentations made to the client, the opposing parties or the court?What is the name of your state?
 



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