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atty deception - ongoing malpractice

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ljade243

Junior Member
California, Southern

I am a resident of Orange County, California and have now fallen through the cracks of the State Bar, Legal Aide etc. Allow me to explain.

facts:

I am, by Health and Human Services an indigent. I was, until this situation, on an approved Long Term Medical Disability.

In August, 2001, Ibecame a lead plaintiff in a class action alleging overtime and other wage violations against my employer, XXX Insurance Company. At the time I agreed to participate as Class Rep, I was on Long Term Disability, the carrier was XXX Life Company (sister to employer). Note: the class action settled as a result of BELL v. Farmers (CA Supreme Court)

We settled the Class Action at Mediation XXX insisted that I resign, effective immediately as a condition of settling class action. They didn't want an employee who has sued (in this case, a named plaintiff) the company on the payroll. This was understandable. I agreed to resign effective immediately under the following conditions, that I was to continue to receive my benefits including, LTD payments, medical, life, dental and AD&D insurance at company expense indefinately. Additionally, I had a claim for business related expenses that I agreed to drop, for 40k consideration.

XXX breached their agreement, before the exchange of funds for the class action settled; my attorney, who now represented me in my LTD, termination agreement, LTD (again, he forgot he represented six months prior), and pursuit of my lost health benefits told me to sit tight so as to not invoke an appeal. He dropped the ball and refused to pursue on my behalf.

After trying for two years to compel him to honor his committments, I fired him (and firm) and was then forced to hire new firm with proceeds from my house that was sold at foreclosure.

On 07-11-2005, i filed a motion to compel xxx to honor the contract (Release and Settlement Agreement). As it turns out, attorney withheld the existence of this termination agreement from the Court, failed to include this in any of the pleadings (in direct contrast to what he told me and in violation of the Federal Rules of Civil Procedure, rules of professional conduct, etc etc).,He also withheld the Court's ignorance of the existence of this agreement from me. I relied on his telling me that the Court had jurisdiction in making my decision to file a Motion to Compel, as opposed to filing a new Breach of Contract Suit against XXX., Judge was furious, denied the Motion as he had no jurisdiction; but decided, since I filed a malpractice action in pro per, and filed a complaint with the bar, he would take no further action.

Well, at this point, I had counsel ready to take this on a contingency, but because the underlying matter is yet to be resolved, they won't pursue. My former attorney went so far as to provide a declaration in support of this motion, knowing full well, that the judge had no jurisdiciton. I wasted 40k to hire Counsel in pursuit of a motion that would never have been granted, plus wasted 7 months. I have lost everything because of this attorney, now I can't file a new suit against xxx for breach of contract for lack of funds. I need help, the Legal AIde Socieity can't help me because they don't provide Counsel for Legal Malpractice....(how convenient) The presiding judge in the current case has given me 30 days to ammend the current Second Ammended Complaint (now 23 days), I'm not a lawyer, but am Desperate. If I can't bring AIG into this complaint, I risk the whole thing being tossed on Summary Judgement for failing to prove the underlying breach of settlement agreement.

I have a very favoroable order from the Court which resulted from the denial of the Motion. My former atty even went so far as to prepare a declaration in support of the Motion, knowing fully well the judge had no jurisdiction. I have lost everything. Doesn't qualify for client security fund consideration as atty never "had posession" of funds.

What can I do to get counsel to pursue this on my behalf. The bar is pursuing, doesn't help me....

thanks for whatever assistance you can lend.....

ljade243
 



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