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Want to know if I have a case of legal malpractice

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Cooldante

Junior Member
What is the name of your state (only U.S. law)? New York State.

Hired an attorney back in 2010. Few weeks after I signed the retainer agreement and paid the retainer, the law firm switched attorneys on me. The new attorney called me to tell me that my original attorney is very busy with his cases and can not handle mine and that new attorney will be taking over the case and by the way the new attorney is the only one available to take my case and if I don't agree I will have to go and get me a new lawyer. -- BAIT & SWITCH --

After thinking about it I decided to go with the new attorney because the firm already disbursed some of my retainer. We go the first hearing the new attorney has no clue about the case. So I brought the new attorney up to speed. The next court appearance it was the same thing and so were subsequent appearances.

The new attorney also did everything not to get the case settled by refusing to present my offers to opposing party. The new attorney also did not communicate to opposing counsel very important details as I requested.

After the last court appearance, I did got into an argument with the new attorney. The new attorney filed a motion with the court to withdraw as my counsel on the basis I lost faith in the new attorney's ability to handle my case.

I refused to pay their last bill/invoice and now the firm is suing me for the amount which I refuse to pay an incompetent and unethical attorney (the new attorney did not disclose to me - friendship with opposing counsel).

There is more (bad advice, ...etc) but I believe this should be enough for someone to tell me if I have a case for legal malpractice.

Thank you all for your help.What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
Cooldante;2850516]
Hired an attorney back in 2010. Few weeks after I signed the retainer agreement and paid the retainer, the law firm switched attorneys on me. The new attorney called me to tell me that my original attorney is very busy with his cases and can not handle mine and that new attorney will be taking over the case and by the way the new attorney is the only one available to take my case and if I don't agree I will have to go and get me a new lawyer. -- BAIT & SWITCH -
-of course you had the opportunity to rescind the contract and find a different attorney elsewhere.



The new attorney also did everything not to get the case settled by refusing to present my offers to opposing party. The new attorney also did not communicate to opposing counsel very important details as I requested.
and when you asked why your specific directives were not fulfilled, the response was...?



I refused to pay their last bill/invoice and now the firm is suing me for the amount which I refuse to pay an incompetent and unethical attorney (the new attorney did not disclose to me - friendship with opposing counsel).
in any given town, there is a great chance 2 attorneys from different firms will have some level of relationship between them. That does not mean they cannot be impartial.

unless you have made some reasonable argument prior to the attorney withdrawing of the work provided, you simply appear to be a disgruntled former client that is only making their claim because they got fired.

There is more (bad advice, ...etc) but I believe this should be enough for someone to tell me if I have a case for legal malpractice.
so far, no.

summary:

the original attorney decided he could not handle the caseload. You were given the opportunity to remain with the same firm or go elsewhere. You stayed. Your choice.

You were not happy with the attorney's actions. You have made no claim to even discussing it with him. In itself, with nothing more said, it isn't even a reasonable claim of an improper action let alone malpractice.

your attorney knows the opposing side's attorney. Not unusual.
 

Cooldante

Junior Member
-of course you had the opportunity to rescind the contract and find a different attorney elsewhere.
I disagree with your assertion. They already spent half of my retainer and going and hiring a new attorney means starting from scratch and a new multi thousands of dollars retainer. The reality of it is when I called the firm they presented me with one of their best attorneys (the rainmaker) and once they got me they switch me to a less qualified one. BAIT & SWITCH

and when you asked why your specific directives were not fulfilled, the response was...?
It doesn't matter I am the client and my directives should be followed as long as they are legal and do not hurt the my case. The new attorney did it to prolong the case period. Also a bunch of documents requested by opposing counsel which I provided were never sent to opposing counsel.

in any given town, there is a great chance 2 attorneys from different firms will have some level of relationship between them. That does not mean they cannot be impartial.
I depends on the level of the relationship. I learned about it from the judge and the judge asked me if I object to it and if my attorney disclosed that to me. Moreover two attorneys declined to take my case because of a friendly relationship with the opposing counsel. And both gave referrals to other attorneys in the area. I selected one of them. --- UNETHICAL & BECOMING BEHAVIOR FROM A LAWYER/ATTORNEY ---

unless you have made some reasonable argument prior to the attorney withdrawing of the work provided, you simply appear to be a disgruntled former client that is only making their claim because they got fired.
I did express to the attorney my disbelief in the attorney's incompetence.

In summary: You must be one of those attorneys who stick together. I know that the new attorney hurt my interests.
 

Ohiogal

Queen Bee
I disagree with your assertion. They already spent half of my retainer and going and hiring a new attorney means starting from scratch and a new multi thousands of dollars retainer. The reality of it is when I called the firm they presented me with one of their best attorneys (the rainmaker) and once they got me they switch me to a less qualified one. BAIT & SWITCH
Get out your retainer agreement with the lawfirm. Does it state that you are guaranteed the specific attorney and that that attorney ONLY will represent you? Or does the retainer agreement show that you retained the LAW FIRM? It is not bait and switch. That is no where near the legal definition of bait and switch. You were free to fire the attorney and firm. What did they do to spend half of your retainer? What type of case did you have?

It doesn't matter I am the client and my directives should be followed as long as they are legal and do not hurt the my case. The new attorney did it to prolong the case period. Also a bunch of documents requested by opposing counsel which I provided were never sent to opposing counsel.
Did you talk to your attorney's supervisor at the law firm? Did you request a new attorney be put on your case? Did you tell your attorney in WRITING that you were not happy with what he was doing and give him directives in writing that were legal and ethical?


I depends on the level of the relationship. I learned about it from the judge and the judge asked me if I object to it and if my attorney disclosed that to me. Moreover two attorneys declined to take my case because of a friendly relationship with the opposing counsel. And both gave referrals to other attorneys in the area. I selected one of them. --- UNETHICAL & BECOMING BEHAVIOR FROM A LAWYER/ATTORNEY ---
Actually, friendship with opposing counsel is NOT unethical. A RELATIONSHIP (sex/marriage/being related by marriage or blood) is a different story.

I did express to the attorney my disbelief in the attorney's incompetence.
Yet you did NOT fire said attorney.

In summary: You must be one of those attorneys who stick together. I know that the new attorney hurt my interests.
Justa is NOT an attorney. That whole "just a layman" thing slipped by you, huh? YOU hurt your interests by not firing the attorney if you were unhappy with the attorney's representation.
 

tranquility

Senior Member
The only things I see which could be unethical are:
The new attorney also did everything not to get the case settled by refusing to present my offers to opposing party. The new attorney also did not communicate to opposing counsel very important details as I requested.
and:
Also a bunch of documents requested by opposing counsel which I provided were never sent to opposing counsel.
An attorney needs to practice using his own professional judgment and is not the client's potted plant. However, the attorney is somewhat of an agent as well and needs to follow the requirements of the principal. It is arguable that an attorney must bring all offers like an agent, but, it is not arguable that what an offer is and if it was meant to be presented, can be definitially challenging. Even then, violations of ethics is not actionable.

Where is the "malpractice" here? Some things are alleged, but nothing with any meat. Then, even though we might be able to overcome the duty and breach elements of negligence, what of damages?
I know that the new attorney hurt my interests.
do not damages make. IF a case could be made for negligence (I don't think so.), THEN the most you get is damages. How much, in money, were you hurt? Prove it. How did the attorney's actions cause those damages? Prove it.
 

justalayman

Senior Member
Cooldante;2850566]I disagree with your assertion. They already spent half of my retainer and going and hiring a new attorney means starting from scratch and a new multi thousands of dollars retainer. The reality of it is when I called the firm they presented me with one of their best attorneys (the rainmaker) and once they got me they switch me to a less qualified one. BAIT & SWITCH
well, then you got the benefit of the good attorney for the money spent. You then take whatever was discovered, performed, whatever, and go to another firm. The money is not wasted and a retainer is a retainer. Sometimes they cover the entire case (usually not) sometimes (usually) they don't and you have to throw more money at the attorney anyway.



It doesn't matter I am the client and my directives should be followed as long as they are legal and do not hurt the my case.
bit you didn't say they wouldn't hurt your case. You have to understand; you hired the attorney to act on your behalf. To use his many years of education and experience to do things in your best interest. That doesn't always mean doing things you demand be done. In fact, that is a good way to get fired as a client...


hey, wait a minute. Didn't you get fired as a client?

Gee, big surprise there.


The new attorney did it to prolong the case period.
then file a complaint with the state bar.

Also a bunch of documents requested by opposing counsel which I provided were never sent to opposing counsel.
Strategic action.



I depends on the level of the relationship.
absolutely but you did not state they were lovers, merely they were friends.

I learned about it from the judge and the judge asked me if I object to it and if my attorney disclosed that to me.
and?

Moreover two attorneys declined to take my case because of a friendly relationship with the opposing counsel.
that is their choice but it does not mean that even if they did take the case there was anything unethical or contrary to bar rules. They may have simply been cautious to avoid having to deal with somebody that whines about them knowing the opposing counsel and if this was after you were fired, I can see why they would refuse.

And both gave referrals to other attorneys in the area. I selected one of them. --- UNETHICAL & BECOMING BEHAVIOR FROM A LAWYER/ATTORNEY --
Ok and? Based on what you have posted, it is not unethical, immoral, illegal, or improper. If you have more, present it. My opinion might change but what you have presented; not a big deal.



I did express to the attorney my disbelief in the attorney's incompetence.

In summary: You must be one of those attorneys who stick together. I know that the new attorney hurt my interests.
 

Cooldante

Junior Member
well, then you got the benefit of the good attorney for the money spent. You then take whatever was discovered, performed, whatever, and go to another firm. The money is not wasted and a retainer is a retainer. Sometimes they cover the entire case (usually not) sometimes (usually) they don't and you have to throw more money at the attorney anyway.
I disagree with you. I have been down that road before. Switching attorneys in the middle of a case will end up costing more money. I am experiencing it right now with my new attorney who by the way very competent and know what he is doing.

bit you didn't say they wouldn't hurt your case. You have to understand; you hired the attorney to act on your behalf. To use his many years of education and experience to do things in your best interest. That doesn't always mean doing things you demand be done. In fact, that is a good way to get fired as a client...
You don't get it this attorney is so incompetent and intimidated by the whole process and did not know what to do or how to react. The attorney is under obligation to advise me but not impose on me what I want to do. Technically I fired the attorney. Because I told the attorney how incompetent he was and based what other people with similar cases told me. My attorney at time was and is a MORAN. I am suprise how he passed the bar in the first place. VERY INCOMPETENT


hey, wait a minute. Didn't you get fired as a client?
I technically did set him up for it by telling the attorney in so many words that he is a moran and a shame on the profession


then file a complaint with the state bar.
I am in the process of filling a complaint with the Grievance Committee.

Strategic action.
You are a moran like him. There was nothing strategic by not producing what opposing counsel requested in Discovery. He had to be screamed at by the judge and he produced them any way. Where the startegery like Bush used to say. It is sloppy work by an uncompetent attorney. I wonder sometimes how many of them are there. By the way are you one of them.




absolutely but you did not state they were lovers, merely they were friends.
If it was not a big deal the judge would not have brought it up and ask me if I am OK with it. Mr. Smart-ness.




that is their choice but it does not mean that even if they did take the case there was anything unethical or contrary to bar rules. They may have simply been cautious to avoid having to deal with somebody that whines about them knowing the opposing counsel and if this was after you were fired, I can see why they would refuse.
I did not mention to them that my former attorney did not disclose his relationship with opposing counsel. They were honest and upfront about their relationship with opposing counsel and did not want to create an ethical dilema for themselves.

ok and? Based on what you have posted, it is not unethical, immoral, illegal, or improper. If you have more, present it. My opinion might change but what you have presented; not a big deal.
It is a big deal to me. A simple lawsuit did grag on for almost nine months. Similar cases are out of there in three months.

You sound like my former attorney. I already hired an attorney to sue him and I am going to Law School.

-------
 

Proserpina

Senior Member
I disagree with you. I have been down that road before. Switching attorneys in the middle of a case will end up costing more money. I am experiencing it right now with my new attorney who by the way very competent and know what he is doing.



You don't get it this attorney is so incompetent and intimidated by the whole process and did not know what to do or how to react. The attorney is under obligation to advise me but not impose on me what I want to do. Technically I fired the attorney. Because I told the attorney how incompetent he was and based what other people with similar cases told me. My attorney at time was and is a MORAN. I am suprise how he passed the bar in the first place. VERY INCOMPETENT




I technically did set him up for it by telling the attorney in so many words that he is a moran and a shame on the profession


I am in the process of filling a complaint with the Grievance Committee.



You are a moran like him. There was nothing strategic by not producing what opposing counsel requested in Discovery. He had to be screamed at by the judge and he produced them any way. Where the startegery like Bush used to say. It is sloppy work by an uncompetent attorney. I wonder sometimes how many of them are there. By the way are you one of them.






If it was not a big deal the judge would not have brought it up and ask me if I am OK with it. Mr. Smart-ness.






I did not mention to them that my former attorney did not disclose his relationship with opposing counsel. They were honest and upfront about their relationship with opposing counsel and did not want to create an ethical dilema for themselves.



It is a big deal to me. A simple lawsuit did grag on for almost nine months. Similar cases are out of there in three months.

You sound like my former attorney. I already hired an attorney to sue him and I am going to Law School.

-------


Please don't go to Law School.

We need people who can actually spell "moron" correctly. Actually the ability to spell-check would be handy given that there are too many mistakes to correct.
 

justalayman

Senior Member
Cooldante;2851051]I disagree with you. I have been down that road before. Switching attorneys in the middle of a case will end up costing more money. I am experiencing it right now with my new attorney who by the way very competent and know what he is doing.
how do you know it is costing you more money? The work product produced from the first firm is yours. That is what you paid for and presumably happy with the cost as it was the original attorney. You could have taken that and walked. No loss.



You don't get it this attorney is so incompetent and intimidated by the whole process and did not know what to do or how to react.
so, what did you do to address the issue? Did you speak to the senior partners? anybody? file a formal complaint? anything?

The attorney is under obligation to advise me but not impose on me what I want to do.
and he is under no obligation to do what you demand if he believes it is improper, unethical, or just plain dumb .I'm guessing it was the last one your directives fell under. You have to realize, a client can hold the attorney liable if they do not utilize their superior education and training in its best use. I suspect that is what he would use as a defense should you try to sue.

Technically I fired the attorney.
that's not what you said previously

Because I told the attorney how incompetent he was and based what other people with similar cases told me. My attorney at time was and is a MORAN. I am suprise how he passed the bar in the first place. VERY INCOMPETENT
it is spelled MORON. Take note of my signature line.

It still sounds like he fired you.




I technically did set him up for it by telling the attorney in so many words that he is a moran and a shame on the profession
and again, if you are going to use a term to express a lack of intelligence of another, you really should make an effort to spell it correctly.






You are a moran like him.
at least I know how to spell MORON.

There was nothing strategic by not producing what opposing counsel requested in Discovery
.(not a capitalized term)
so now you claim it was discovery rather than something you demanded be produced. Make up your mind.

He had to be screamed at by the judge and he produced them
anyway; one word








If it was not a big deal the judge would not have brought it up and ask me if I am OK with it. Mr. Smart-ness.
if it was a big deal, the judge would not have continued but recused himself. He wanted to be sure you didn't have a problem with it and since you apparently allowed him to continue, apparently you didn't.






I did not mention to them that my former attorney did not disclose his relationship with opposing counsel. They were honest and upfront about their relationship with opposing counsel and did not want to create an ethical dilema for themselves.
but if they



It is a big deal to me.
then why did you accept this attorney? Why did you not release him when the judge asked about the relationship issue?

A simple lawsuit did grag on for almost nine months. Similar cases are out of there in three months.
I've seen simple suits drag on for years. I've seen complex suits settled in the blink of an eye.

I already hired an attorney to sue him and I am going to Law School.
You can find an attorney that will take on any case if you have enough money and you going to law school? I would suggest some remedial education in spelling before you even apply.
 

Cooldante

Junior Member
Well my spelling is a mess because I was replying to your dumb answers from my smart phone. Hard to type and read everything but you would not know that.

Again you sound like my former attorney a MORON. Dumb as you both are with a JD and only GOD knows how the both of you passed the BAR. It must be designed for someone with Forrest Gump IQ. Very sad.

How is my spelling NOW?

By the way I am going to Law School. I am already applying. Nice profession where a MORON can make a pretty good living BS'ng people and taking their money.

See I have a PhD in Pharma and I work over 60 Hrs a week and I don't make as much as an attorney with low IQ and the gift of BS. It is time for a carreer change.
 

Isis1

Senior Member
Well my spelling is a mess because I was replying to your dumb answers from my smart phone. Hard to type and read everything but you would not know that.

Again you sound like my former attorney a MORON. Dumb as you both are with a JD and only GOD knows how the both of you passed the BAR. It must be designed for someone with Forrest Gump IQ. Very sad.

How is my spelling NOW?

By the way I am going to Law School. I am already applying. Nice profession where a MORON can make a pretty good living BS'ng people and taking their money.

See I have a PhD in Pharma and I work over 60 Hrs a week and I don't make as much as an attorney with low IQ and the gift of BS. It is time for a carreer change.

the top ten rules for an attorney. read the fine print. you'll need that rule in class.

watch this.....

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Proserpina

Senior Member
Well my spelling is a mess because I was replying to your dumb answers from my smart phone. Hard to type and read everything but you would not know that.

Again you sound like my former attorney a MORON. Dumb as you both are with a JD and only GOD knows how the both of you passed the BAR. It must be designed for someone with Forrest Gump IQ. Very sad.

How is my spelling NOW?

By the way I am going to Law School. I am already applying. Nice profession where a MORON can make a pretty good living BS'ng people and taking their money.

See I have a PhD in Pharma and I work over 60 Hrs a week and I don't make as much as an attorney with low IQ and the gift of BS. It is time for a carreer change.

*career. Apparently your phone wasn't too smart.

:cool:
 

justalayman

Senior Member
Cooldante;2851155]Well my spelling is a mess because I was replying to your dumb answers from my smart phone. Hard to type and read everything but you would not know that.
I guess your phone isn't so smart after all. Regardless, you are the one punching the keys.

Again you sound like my former attorney a MORON.
Hey, at least you spelled it correctly.

Dumb as you both are with a JD and only GOD knows how the both of you passed the BAR.
who said I ever passed the bar? Did you miss my screen name?





By the way I am going to Law School. I am already applying.
Huge difference in applying and going. Even bigger difference between applying and graduating. Even greater difference between applying and passing the bar. Even greater difference between applying and being successful in a career in law.

Nice profession where a MORON can make a pretty good living BS'ng people and taking their money.
Is that a statement of why you believe you will be successful?

See I have a PhD in Pharma and I work over 60 Hrs a week and I don't make as much as an attorney with low IQ and the gift of BS.
I have no idea what a person with a PhD in Pharma might make but contrary to popular belief, there are a lot of attorneys that make less than the average income for their state. Good attorneys make money. Poor attorneys find something else to do for a living.

and if you have a problem with working 60 hours a week, I strongly suggest not going into law.

It is time for a carreer change.
That is what most people that cannot be successful in their chosen career say. The problem is; they tend to sound like a broken record eventually. I suspect it isn't your choice of career that is the limiting factor.
 

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