Suing a Lawyer

[Zigner]

I don't know. Why do you think I'm here asking Zig. But I was told by a forensic accountant for the IRS that matching your cell phone bills (which show text by text who sent and received. Date and time) to my actual cell phone with text still on it is the first, easiest step.

Your attorney will be able to help you properly present the evidence.

 

[quincy]

I don't know. Why do you think I'm here asking Zig. But I was told by a forensic accountant for the IRS that matching your cell phone bills (which show text by text who sent and received. Date and time) to my actual cell phone with text still on it is the first, easiest step.

That can work for small claims cases. But you will not be in small claims.

You might want to take a look at the rules of evidence link I provided. You could start at page 51.

 

[ppk]

That can work for small claims cases. But you will not be in small claims.

You might want to take a look at the rules of evidence link I provided. You could start at page 51.

I feel it's clear that I need an attorney but again I was simple trying to avoid that especially since it's easier finding Bigfoot than it is finding an attorney to go after another attorney. The one I have found sees a "bigger picture here". Ask for more Money. Mostly to cover them which I understand but more for me also.

What if I sent another demand letter, minus all her vises etc. but include copies of text from her pointing out that are deal is what I'm saying it is. Maybe jog her memory. I know she can say there not real (I'll get them authenticated if need be). But she knows they're real. Just showing her I still have them that they say it all. In her words. Or is that showing to much to soon? Won't she be entitled to evidence I have before trial anyway? Or am I watching to much Law & Order. Is that criminal cases only? Or if I send it to her attorney so to help prove. I know he just knows what she's saying and from TWC, she ain't saying the truth. Maybe that'll make him ask her more question of what's really going on here.

 

[quincy]

I feel it's clear that I need an attorney but again I was simple trying to avoid that especially since it's easier finding Bigfoot than it is finding an attorney to go after another attorney. The one I have found sees a "bigger picture here". Ask for more Money. Mostly to cover them which I understand but more for me also.

What if I sent another demand letter, minus all her vises etc. but include copies of text from her pointing out that are deal is what I'm saying it is. Maybe jog her memory. I know she can say there not real (I'll get them authenticated if need be). But she knows they're real. Just showing her I still have them that they say it all. In her words. Or is that showing to much to soon? Won't she be entitled to evidence I have before trial anyway? Or am I watching to much Law & Order. Is that criminal cases only? Or if I send it to her attorney so to help prove. I know he just knows what she's saying and from TWC, she ain't saying the truth. Maybe that'll make him ask her more question of what's really going on here.

There are attorneys who represent plaintiff or defendant clients against plaintiff or defendant attorneys. WHO the defendant or plaintiff is generally will not be the major consideration.

Certainly trying once again to come to a reasonable and acceptable settlement is preferable to a roll-of-the-dice trial. There is no guarantee when you walk into a courtroom that you will walk out a victor.

A demand letter is a good start. Beyond that, I cannot tell you how best to approach the lawyer - except to advise against all threats and slurs. I see no harm offhand in letting the lawyer know you have saved all texts evidencing whatever they evidence, however.

As to Law & Order, if you are watching it at all, it is probably too much.

 

[not2cleverRed]

I feel it's clear that I need an attorney but again I was simple trying to avoid that especially since it's easier finding Bigfoot than it is finding an attorney to go after another attorney. The one I have found sees a "bigger picture here". Ask for more Money. Mostly to cover them which I understand but more for me also.

What if I sent another demand letter, minus all her vises etc. but include copies of text from her pointing out that are deal is what I'm saying it is. Maybe jog her memory. I know she can say there not real (I'll get them authenticated if need be). But she knows they're real. Just showing her I still have them that they say it all. In her words. Or is that showing to much to soon? Won't she be entitled to evidence I have before trial anyway? Or am I watching to much Law & Order. Is that criminal cases only? Or if I send it to her attorney so to help prove. I know he just knows what she's saying and from TWC, she ain't saying the truth. Maybe that'll make him ask her more question of what's really going on here.

The only relevant evidence is anything pertaining to what she owes you.

The only evidence worth presenting at trial would be proof that she owes you the amount you are suing her for.

Focus on documenting what you have done to justify your billing. That is all that is necessary and wanted.

 

[HighwayMan]

But I was told by a forensic accountant for the IRS that matching your cell phone bills (which show text by text who sent and received. Date and time) to my actual cell phone with text still on it is the first, easiest step.

Your phone bill doesn't show the actual text messages so it is not much proof of anything.

 

[quincy]

Your phone bill doesn't show the actual text messages so it is not much proof of anything.

ppk has the text messages. ppk intends (or intended) to compare the messages she saved with the dates and times on the phone bills.

One way to use messages you received as evidence is simply to testify you received them from so-and-so on such-and-such a date. But there can be problems with this if the other party disputes it.

 

[ppk]

Your phone bill doesn't show the actual text messages so it is not much proof of anything.

Never said it did but a certified copy of bill from cell carrier will show the date, time and phone number where the text came from. My online bill will show all text time date and number where came from. That with the same text still on my phone showing the same time, phone number of text along with text with download of all text showing the date time and phone number where text came from. I was told today by the county attorney this is over kill but is more than enough in this case to get it signed off on by a forensic expert if even required. County attorney said for gravy, ask the court to order her cell phone bills also that’ll show all the same as above if they’re even questioning the text authenticity.

 

[Zigner]

Never said it did but a certified copy of bill from cell carrier will show the date, time and phone number where the text came from. My online bill will show all text time date and number where came from. That with the same text still on my phone showing the same time, phone number of text along with text with download of all text showing the date time and phone number where text came from. I was told today by the county attorney this is over kill but is more than enough in this case to get it signed off on by a forensic expert if even required. County attorney said for gravy, ask the court to order her cell phone bills also that’ll show all the same as above if they’re even questioning the text authenticity.

Unfortunately, you don't even know how to "ask" for this.
Get an attorney already.

 

[quincy]

Here are the Texas Rules of Civil Procedure, in case the lawyer refuses to pay, ppk decides to take the lawyer to court, and ppk decides (for whatever reason) to attempt to manage a lawsuit without legal assistance (which is not recommended).

http://www.epcounty.com/jp/jp2/rcp_all.pdf

Looking at the rules of Civil Procedure and the Rules of Evidence is often enough to convince the would-be pro se litigant to hire a professional.

Good luck, ppk.

 

[Zigner]

Here are the Texas Rules of Civil Procedure, in case the lawyer refuses to pay, ppk decides to take the lawyer to court, and ppk decides (for whatever reason) to attempt to manage a lawsuit without legal assistance (which is not recommended).

http://www.epcounty.com/jp/jp2/rcp_all.pdf

Looking at the rules of Civil Procedure and the Rules of Evidence is often enough to convince the would-be pro se litigant to hire a professional.

Good luck, ppk.

Just for reference, the table of contents alone is over 30 pages long.

 

[quincy]

Just for reference, the table of contents alone is over 30 pages long.

I know. Scary stuff.

 

[ppk]

I appreciate the info. I understand this will probable end up needing an attorney. I'm currently out a lot of money and paying an attorney a $10,000 retainer isn't practical for me right now. Do attorney take these type of cases; pay based on what's recovered?

 

[Zigner]

You are going to have to call attorneys and ask. It sounds to me like your case isn't as rock-solid as you believe it is, which explains the reluctance of any attorney(s) to take it on.

 

[quincy]

I appreciate the info. I understand this will probable end up needing an attorney. I'm currently out a lot of money and paying an attorney a $10,000 retainer isn't practical for me right now. Do attorney take these type of cases; pay based on what's recovered?

A $10,000 retainer seems stiff for what is essentially a debt collection action. I doubt you will find an attorney willing to take this on a contingency basis.