Suing a Lawyer

[ppk]

We are suing a lawyer. We want to settle and be done with this. She owes us for remodeling and Personal assisting. We became somewhat aquatances and she talked a lot. She has lied on every Workforce commission document. We have proof. Over 4000 text showing she is now lying from what the agreement actually was. Workforce commission says this is civil; sue her because time with them has expired "it'll be a slam dunk. She thinks you're going away and she feels very empowered being an attorney". Should we show her everything we have proving she's lying to force a settlement? Should we bring up to her lawyer at her firm, that she's told us about cases she's on in great detail. That she hates her job. All via text. We don't want her job just want her to pay us what she owes us. We're not asking for anything more than that Just want to shoot a shot over her bow that if she want's to go the long haul feeling we'll leave what will do. Wont say anything that can't be proven to be true. All in her own words.

 

[Just Blue]

We are suing a lawyer. We want to settle and be done with this. She owes us for remodeling and Personal assisting. We became somewhat aquatances and she talked a lot. She has lied on every Workforce commission document. We have proof. Over 4000 text showing she is now lying from what the agreement actually was. Workforce commission says this is civil; sue her because time with them has expired "it'll be a slam dunk. She thinks you're going away and she feels very empowered being an attorney". Should we show her everything we have proving she's lying to force a settlement? Should we bring up to her lawyer at her firm, that she's told us about cases she's on in great detail. That she hates her job. All via text. We don't want her job just want her to pay us what she owes us. We're not asking for anything more than that Just want to shoot a shot over her bow that if she want's to go the long haul feeling we'll leave what will do. Wont say anything that can't be proven to be true. All in her own words.

What State?

 

[ppk]

Texas

 

[Zigner]

I wouldn't threaten her to pay or face release of potentially embarrassing - there are laws against that. You know...handcuffs, fingerprints, the whole nine yards.

You should send a demand letter asking to be paid what you are owed and if she refuses to pay then sue her.

Out of curiosity...who is "we"?

 

[quincy]

We are suing a lawyer. We want to settle and be done with this. She owes us for remodeling and Personal assisting. We became somewhat aquatances and she talked a lot. She has lied on every Workforce commission document. We have proof. Over 4000 text showing she is now lying from what the agreement actually was. Workforce commission says this is civil; sue her because time with them has expired "it'll be a slam dunk. She thinks you're going away and she feels very empowered being an attorney". Should we show her everything we have proving she's lying to force a settlement? Should we bring up to her lawyer at her firm, that she's told us about cases she's on in great detail. That she hates her job. All via text. We don't want her job just want her to pay us what she owes us. We're not asking for anything more than that Just want to shoot a shot over her bow that if she want's to go the long haul feeling we'll leave what will do. Wont say anything that can't be proven to be true. All in her own words.

If the lawyer owes you money, and this debt has nothing at all to do with her legal practice or services that you personally are involved with, keep settlement talks to the debt.

I see no good reason for you to report her to her employer or the state. It can be legally risky for you to do so.

 

[not2cleverRed]

I think you should deal with her debt to you completely separately from what you think are her work issues. If you think that she should be disbarred for violating confidentiality, then there are formal channels to do that, but your colors really show when you want to just gossip to her boss. As Zig pointed out, it's also illegal.

As Texas Workforce Commission says it's a civil matter... take it up civilly.

Send her a letter and invoice of what she owes, and give her a deadline to pay it.

If she does not pay by the deadline, then sue. I would hope that you had sent her a series of invoices by now detailing what you believe she owes you and why.

You do not have to "show her everything to prove she's lying" up front to force a settlement.

You show that you have clear records of what she owes you.

Then you sue if she does not pay.

Where you sue (small claims or not) depends on how much is owed.

 

[ppk]

We is my partner.
We have sent invoices and demand letter. She sends back stuff that genuinely concerns us all about her. It's like she either doesn't remember it's all documented via text and email or she thinks we trashed all the text and emails or she's that narcissistic. Again, most who have dealt with her feel she thinks we're going away. I'm trying to settle this because attorneys have said what I posted here will come up to be used to motivate her to settle. "You can't be rash with an irrational person". She's done more bazar things then what I haven't posted here, trying to keep it short. She's slandering us she attempted to evict us from her house we remodeled. Trading work for rent. The JP threw out the case and basically read her the riot act for what he called a retaliatory eviction. Amount is just over $40K

 

[not2cleverRed]

………………………………... She's done more bazar things then what I haven't posted here, trying to keep it short. She's slandering us she attempted to evict us from her house we remodeled. Trading work for rent. The JP threw out the case and basically read her the riot act for what he called a retaliatory eviction. Amount is just over $40K

For that amount of dough: 1) this is not small claims, and 2) merits retaining a lawyer.

 

[LdiJ]

We is my partner.
We have sent invoices and demand letter. She sends back stuff that genuinely concerns us all about her. It's like she either doesn't remember it's all documented via text and email or she thinks we trashed all the text and emails or she's that narcissistic. Again, most who have dealt with her feel she thinks we're going away. I'm trying to settle this because attorneys have said what I posted here will come up to be used to motivate her to settle. "You can't be rash with an irrational person". She's done more bazar things then what I haven't posted here, trying to keep it short. She's slandering us she attempted to evict us from her house we remodeled. Trading work for rent. The JP threw out the case and basically read her the riot act for what he called a retaliatory eviction. Amount is just over $40K

She will NEVER settle with you. Period. It will not happen. Your only hope of getting paid is to sue her and win a judgement against her. The only way that you might force a settlement is to hire an attorney of your own for the case, and raise the stakes by asking for a lot more money to cover attorney fees and punitive damages.

My brothers are both contractors and I have many tax clients who are also contractors. As a whole, sadly, most of them refuse to do business with anyone who is an attorney, because they have all been burned by attorneys.

I worked as a CFO for a company for 15 years who provided high end, decorative items for new home construction. While I was working there, an attorney had a custom home built that used some of those products. That attorney, after the home was finished and closed upon, sued every single contractor who worked on the job, every single retailer who supplied product, every single distributor who supplied a retailer and every single manufacturer of the products used to build his custom home.

In the end, enough of those people and entities settled with him that he got his house for free plus cash in his pocket.

 

[quincy]

LdiJ, your definitive statement is a problem and your personal story is a really unfair and inaccurate portrayal of attorneys.

 

[ppk]

I think you should deal with her debt to you completely separately from what you think are her work issues. If you think that she should be disbarred for violating confidentiality, then there are formal channels to do that, but your colors really show when you want to just gossip to her boss. As Zig pointed out, it's also illegal.

As Texas Workforce Commission says it's a civil matter... take it up civilly.

Send her a letter and invoice of what she owes, and give her a deadline to pay it.

If she does not pay by the deadline, then sue. I would hope that you had sent her a series of invoices by now detailing what you believe she owes you and why.

You do not have to "show her everything to prove she's lying" up front to force a settlement.

You show that you have clear records of what she owes you.

Then you sue if she does not pay.

Where you sue (small claims or not) depends on how much is owed.

I said In my post, I'm not after her job. I'm wanting to settle with someone who owes me over $40K. Attorneys don't seem very interested in going after one of their own. Ones that will go after another attorney. Frankly. Scar me and say I need to ask for damages fees etc. Start at $120K Again, I want what is owed me. That's all.

 

[quincy]

I said In my post, I'm not after her job. I'm wanting to settle with someone who owes me over $40K. Attorneys don't seem very interested in going after one of their own. Ones that will go after another attorney. Frankly. Scar me and say I need to ask for damages fees etc. Start at $120K Again, I want what is owed me. That's all.

If you want the money you feel is owed, and you cannot come to a satisfactory settlement, then you will need to sue her over what is owed with evidence enough to prove your claim.

Good luck.

 

[Zigner]

We have sent invoices and demand letter. She sends back stuff that genuinely concerns us all about her. It's like she either doesn't remember it's all documented via text and email or she thinks we trashed all the text and emails or she's that narcissistic.

The problem you are probably going to have is that this is a matter for a higher court than small claims. You are going to find it difficult to get those texts and emails introduced as evidence. Without them, what do you have?

 

[ppk]

The problem you are probably going to have is that this is a matter for a higher court than small claims. You are going to find it difficult to get those texts and emails introduced as evidence. Without them, what do you have?

Why?

I have all emails and text with phone bills backing up every text so to prove there not photo shopped etc. That's all I have. There is no contract. Her spelling out are deal in emails, text. Month's of them her keeping track deducting what would be paid me against rent.. Me living in her house for seven month never paying rent or bills etc. Now she say's I was supposed to be paying her. Who waits seven months of never collecting rent or utilities if they were supposed to be paying this from the beginning? Only know say's somthing.

 

[quincy]

The problem you are probably going to have is that this is a matter for a higher court than small claims. You are going to find it difficult to get those texts and emails introduced as evidence. Without them, what do you have?

Those still will need to be authenticated.