Legal Malpractice - Criminal Charges

What is the name of your state (only U.S. law)? OH

1.) If an attorney failed to inform his 'client of record' of upcoming court dates so she was unable to protect or defend her interests; the attorney himself failed to appear at the court trials; and furthermore didn't file any motions on 'clients' behalf until AFTER the case was decided. And yes, his actions absolutely effected the outcome of the trial! What criminal charges would he be guilty of?

2.) Let's just say the above 'client' was so misinformed & led astray by the atty, said 'client' went on to spend nearly $10k in remodeling her home AFTER it had been foreclosed on in the court of law. HOWEVER, the 'client' had received 0 communication from the atty other than email requests for information pertaining to a Deed in Lieu 1mos AFTER the judge foreclosed on the 'client' without her knowledge.

The attorney finally told the 'client' on September 16, 2009, that her house was going to sell at the sheriff’s auction on September 22, 2009! The very property she had been pouring money into and busting her ass to make into a home beautiful in hopes of selling it through her hired realtor, and had been trying to refinance through countrywide, or at a minimum, make it a solid investment for the bank so as to ensure a Deed in Lieu was accepted. And let's just say that the 'client' has gone on to lose EVERYTHING including her successful business of 10yrs, her home, her car, her reputation in her communities, her credit, etc. and is now facing a 2nd foreclosure from lack of income and bankruptcy. What would you estimate a case with such dynamics to be worth?

Lets just say that speculation does no one any good, especially when you get one side of the story.

Rheabird33 said:

What is the name of your state (only U.S. law)? OH

What criminal charges would he be guilty of?

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I'm sure most would agree that there ought to be lawyer jails, but to my knowledge you folks in Ohio haven't got around to building one.

Fact - NOT Speculation

Hot Topic said:

Lets just say that speculation does no one any good, especially when you get one side of the story.

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I can not for the life of me figure out how dedicated 'professionals' of an area of expertise do not stand up for the Innocent when someone in their field, a representative of their occupation, is a disgrace!

If i was an attorney, I would strongly support anyone who had been a victim of someone less than our "code of professional ethics".

My current attorney who is fighting the legal malpractice suit, failed to tell me about the "case within-a-case" trial that has to happen. It's not that I won't win that trial, but I have lost EVERYTHING to this indecent 'human being' EVERYTHING! and my current attorney cant tell me any criminal charges this scumbag is guilty of.

How can anyone completely VIOLOATE another's Constitutional Rights like Amendments 1, 6 & 14 and there's no crime???? What good then are our Constitutional Rights? And what good are attornies? I can't find an honest one amongst you to help me, an innocent person who's lost EVERYTHING because of one of your own.

helpful suggestions welcome. thank you.

Hi Rheabird33,

When I worked as a "gunfighter" for a Texas billionaire family and their real estate partnerships we called the lawyers and bankers "Deal Killers". I'm sorry you've experienced this reality. As with any matter of personal import, particularly those involving medical and legal situations, I try to remember what a famous US President often said: "Trust, but Verify".

Criminal charges? Maybe...but in my personal opinion as a non-attorney...probably not. First, if I were in a similar situation, I'd research Malpractice and Fiduciary Breach to learn how I might hold him civilly accountable. And you may be knee deep in that due diligence right very now. I hope you are.

Here's some interesting reading:
Breach of fiduciary duty and punitive damages. - Defense Counsel Journal | HighBeam Research - FREE trial

Bottom Line: Fiduciaries MUST be accountable for their actions/inactions. Are our elected officials fiduciaries? Hmmm...just a thought.

Good Luck To You!

Rheabird33 said:

How can anyone completely VIOLOATE another's Constitutional Rights like Amendments 1, 6 & 14 and there's no crime???? What good then are our Constitutional Rights? And what good are attornies? I can't find an honest one amongst you to help me, an innocent person who's lost EVERYTHING because of one of your own.

helpful suggestions welcome. thank you.

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I am not an Attorney, but I do live in Ohio.

Although 18 USC 242 provides penalties for color of law deprivation of rights, this is not a case here. As mentioned, it is more of a Civil matter and appeal matter if convicted, ineffective assistance of Counsel, etc.

I believe the officers who beat Rodney King were tried federally under 242??

Rules of Professional responsibility for Attorneys may come into play, depending on the exact nature of the allegations.

Ohio allows removal from OFFICE some who are guilty of misfeasance, malfeasance or nonfeasance, however, an Attorney does not hold office, although "technically" an officer of the court, there is no such criminal charge for poor representation.

Thank you for your responses

Thank you Hypnotist & BOR for your insightful & informative responses.

I will research 242.

Hypnotist - i'm searching for my souls purpose(s) for this life path and recently came across a book of incantations. I would love to chat with you about the subject matter but this isnt the appropriate place. if you're so inclined you can reach me at rheabird33 at yahoo .com

Re the case, both the atty & i are scheduled for a deposition on thursday and the case is set to go before mediation in december.

Thank you everyone for being of service to others!

My service to others mainly involves animals but I welcome the opportunity of intelligent, stimulating human conversation