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Attorney listed me as plaintiff without my knowledge and against my will.

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socalwill

Junior Member
In September 2010, I read on the google finance page for company A that attorney started an investigation of the tender offer of company B to acquire the shares of company A.
Since I owned shares of company A at that time, I called attorney at the number provided to get more information about the investigation. After speaking with attorney and briefly reviewing material I received from attorney via email, I gained the strong impression that attorney's investigation was unsubstantiated. Therefore, I never agreed to be listed as the plaintiff. In particular, I never provided proof of ownership of shares, and I never signed any agreement.

In late October, I found a document that is publicly available on the Internet and in which I am listed as plaintiff (represented by attorney as well as members of two other law offices with whom I never communicated) in a class action lawsuit pertaining to the tender offer of company B.

I contacted the bar associations of the States (CA, PA, and WA) where attorney and the two other law offices are situated and filed complaints. In my complaints, I specifically demand my name to be removed from documents pertaining to the class-action lawsuit.

Are there any other procedures that may be appropriate? For example I don't know if the attorneys' actions may have violated any existing laws, in which case I would probably contact the police or the prosecuting attorney.
 


justalayman

Senior Member
you are saying you are listed individually as a plaintiff and not as a member of the shareholder group of company A?
 

justalayman

Senior Member
So, what did those attorneys say when you called them and told them you never hired them to represent you and why did they file a suit listing you as plaintiff?
 

socalwill

Junior Member
Good question, but I don't know the answer. That's something they will have to explain to the bar association.
 

justalayman

Senior Member
they should be explaining it to you. You being listed, specifically by name, tends to remove a couple possibilities I was thinking of that may have allowed you, as a shareholder to be listed. I know the first place I would be calling is the attorney's office and ask them. I believe a complaint to the bar is premature without first contacting the lawyers involved.
 

Trickster

Member
Try this one out: File a pro se motion to the court advising the court of this wrongdoing and FIRE the attorney. You never signed a retainer agreement or anything so therefore he has no recourse. Once you have fired the lawyer advise the court that you will be representing yourself pro se. Now that you have become your own attorney file a voluntary motion to dismiss the complaint. Whatever happens from all that will have heads spinning but in the end you are no longer a plaintiff in anything. Just my opinion.:rolleyes:
 

You Are Guilty

Senior Member
Try this one out: File a pro se motion to the court advising the court of this wrongdoing and FIRE the attorney. You never signed a retainer agreement or anything so therefore he has no recourse. Once you have fired the lawyer advise the court that you will be representing yourself pro se. Now that you have become your own attorney file a voluntary motion to dismiss the complaint. Whatever happens from all that will have heads spinning but in the end you are no longer a plaintiff in anything. Just my opinion.:rolleyes:
Unorthodox, but boy, will this get the point across.

I would caution though, that while remote, it is possible there is another shareholder with the same name who did agree to act as a Lead. In which case attempting the above will land you in some serious hot water, so be sure "you" are "you" in the suit first.
 

latigo

Senior Member
Try this one out: File a pro se motion to the court advising the court of this wrongdoing and FIRE the attorney. You never signed a retainer agreement or anything so therefore he has no recourse. Once you have fired the lawyer advise the court that you will be representing yourself pro se. Now that you have become your own attorney file a voluntary motion to dismiss the complaint. Whatever happens from all that will have heads spinning but in the end you are no longer a plaintiff in anything. Just my opinion.:rolleyes:
What the hell is that all about? Have the patients taken over the hospital ward or what? Either that or Mr. “rolleyes Trickster” has gone off of his medication!

What a gaggle of garbled garbage!
 

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