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Old 10-29-2013, 01:03 PM   #1
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Ever sue an attorney/law firm?

Years ago I got ripped off by a car dealership, then hired an attorney in that state to pursue them. months and months and months went by with only phone calls and requests for more money, all with the notion "they are going to settle" or "I have a court date set."

Turns out, NOTHING was ever attempted and these bills I paid and owe, they can't produce a single receipt for, only throwing up threats for payment.

The one guy at the firm handling my case left to start his own firm and told me he was transferring it to a "good friend of his" to take care of me, but asked me to send him a check to square things up and this firm will take the case and finish it.

Last week I find they don't know this guy (my original attorney) and said he dumped a ton of cases on them, most past the statue of limitations...

Turns out, they can do NOTHING since he didn't file proper paperwork to continue the case, although he charged me back in July for it

I was told that I could go after him, and his firm for damages, but I'm not sure if this is a battle I want to take.
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Old 10-29-2013, 01:09 PM   #2
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Once, and they settled after about 3 months. If you have a case, you have a case -- doesn't matter if it's against an attorney or against the pope.
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Old 10-29-2013, 01:09 PM   #3
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It's tough finding a lawyer to sue another lawyer. If you want to really fuck the guy up and it's something blatant get help writing a bar complaint. If the dispute involves misappropriation of monies not only are the sanctions harsh but he may be required to make restitution.

In most states bar complaints can be filed even after statutes of limitations have expired.


.

Last edited by L-Pink; 10-29-2013 at 01:10 PM..
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Old 10-29-2013, 01:11 PM   #4
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the firm told you to go after him?

why not go after the firm?

Quote:
Originally Posted by L-Pink View Post
It's tough finding a lawyer to sue another lawyer. If you want to really fuck the guy up and it's something blatant get help writing a bar complaint.

.
^ this definitely, but it's the firm who is up, not the lawyer. the bar complaint, which will have legs, is just bacon
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Old 10-29-2013, 01:23 PM   #5
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You will also have to check into the statues of limitations to sue them.
If it was years ago as you say, then probably it's too late to do so.
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Old 10-29-2013, 01:27 PM   #6
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I had an attorney once who was a pit bull. He was insane. He would file tons of paperwork just to fuck with people. For example instead of filing one case in one area, he would file eight in different counties and states.

Eventually he lost his license - it was just a hobby for him really. But we had some good times fucking with people.
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Old 10-29-2013, 01:32 PM   #7
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You will also have to check into the statues of limitations to sue them.
If it was years ago as you say, then probably it's too late to do so.
last payment was sent in july?
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Old 10-29-2013, 01:33 PM   #8
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I have never sued an attorney directly but the City Attorney was included in a law suit I filed against a city...as was the Mayor and Chief of Police. I won the suit as they settled instead of going to trial. BTW...my attorney was the former City Attorney of that city.

This was not a big monetary case...but was more of a "principal" of the thing that caused me to file the law suit.
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Old 10-29-2013, 01:55 PM   #9
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last payment was sent in july?
You should be fine, then.
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Old 10-29-2013, 02:17 PM   #10
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yes, and they eventually settled
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Old 10-29-2013, 10:45 PM   #11
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what u do is report him to the bar assocation and they will investigate.
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Old 10-29-2013, 11:00 PM   #12
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Originally Posted by L-Pink View Post
It's tough finding a lawyer to sue another lawyer. If you want to really fuck the guy up and it's something blatant get help writing a bar complaint. If the dispute involves misappropriation of monies not only are the sanctions harsh but he may be required to make restitution.

In most states bar complaints can be filed even after statutes of limitations have expired.


.
I've done that. Wheels turn real fast. Lawyers are slimy little fucks.
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Old 10-29-2013, 11:53 PM   #13
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Your statute of limitations probably begins when you should have been aware of the problem; you will have to look it up in your state.

Finding a malpractice attorney should be relatively easy; affording a good malpractice attorney is another story. Rarely do they work on contingency for these.
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Old 10-30-2013, 04:59 AM   #14
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Quote:
Originally Posted by _Richard_
last payment was sent in july?
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You should be fine, then.
Your payment may have been tolling the statute of limitations -- check the local statutes.

http://en.wikipedia.org/wiki/Tolling_%28law%29
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Old 10-30-2013, 05:02 AM   #15
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An Ex of mine is a lawyer and she is being sued for being a fuck-up which she did on a big case. Been dragged on for years and as awesome as she was (and is) on some cases, others she does nothing until the last minute (if at all) and people end up getting royally screwed.

She has been in insanely high profile cases many of which she won. She is brilliant, but has issues (not drugs or drink) that keep her from being dependable. She should not have a law license.

A bad lawyer can fuck your life up like a bad doctor. It is your duty to not only get money back (and maybe damages) but to stop this person from practicing.

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Old 10-30-2013, 06:00 AM   #16
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I have never sued an attorney directly but the City Attorney was included in a law suit I filed against a city...as was the Mayor and Chief of Police. I won the suit as they settled instead of going to trial. BTW...my attorney was the former City Attorney of that city.

This was not a big monetary case...but was more of a "principal" of the thing that caused me to file the law suit.
pigshit...
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Old 10-30-2013, 06:18 AM   #17
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file in small claims court. 10k maximum. You will win if you show cancelled checks and he does not have anything to show. Also, get a short letter from old law firm stating he dumped old cases on them and left.

You will win during the settlement process


The civil court cost about $150 for claims over $5400. The paperwork takes 10 minutes.

Do it yourself and use the FREE civil asistance center at the courthouse to help you fill out and then file the paperwork. They will walk you through whole process for free.

Last edited by ~Ray; 10-30-2013 at 06:21 AM..
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Old 10-30-2013, 06:18 AM   #18
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This is why attorneys have malpractice insurance.. find an attorney to file a claim against them.
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Old 10-30-2013, 06:29 AM   #19
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Years ago I got ripped off by a car dealership, then hired an attorney in that state to pursue them. months and months and months went by with only phone calls and requests for more money, all with the notion "they are going to settle" or "I have a court date set."

Turns out, NOTHING was ever attempted and these bills I paid and owe, they can't produce a single receipt for, only throwing up threats for payment.

I was told that I could go after him, and his firm for damages, but I'm not sure if this is a battle I want to take.
Some decent advice given here. SOL is based on many factors, including last communications you had with the individual/firm, when you became aware of the problem, and last time money was paid for services.

In writing you must in good faith demand seeking reimbursement of the monies from the law firm that you contracted with, etc.

Local and state BAR associations are a good start for filing a formal complaint.

I can tell you from my own experience, the internet was my best friend. Mother had an open case for three years. Her lawyer has a track record for laying down for the other side.

As her POA, I demanded the entire case file and work notes from him to be produced. Then I carefully wrote him, making the required demands. He ignored them, until he saw that a online campaign had been started to warn others of my mothers experience. Using keywords that would lead him and his potential clients to the complaints, caused him to wake up and settle quickly. I did him the favor of accepting a 50% reduction of his legal fees to go away quietly. If it was not for the fact that mom is a elder/Senior citizen, I would of preferred to dance with him at the BAR and through the court system.

Good luck!
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Old 10-30-2013, 06:49 AM   #20
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Once, and they settled after about 3 months. If you have a case, you have a case -- doesn't matter if it's against an attorney or against the pope.
Exactly.

You should not be intimidated because of their profession. The law's the law. Especially when it comes to PROOF.

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Old 10-30-2013, 11:28 AM   #21
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Your statute of limitations probably begins when you should have been aware of the problem; you will have to look it up in your state.

Finding a malpractice attorney should be relatively easy; affording a good malpractice attorney is another story. Rarely do they work on contingency for these.
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Your payment may have been tolling the statute of limitations -- check the local statutes.

http://en.wikipedia.org/wiki/Tolling_%28law%29
Appears that the attorney has moved to another state, so looking into what can be done. Sure, I can file a complaint against his license in the state he was in, but worth the time and effort may not be worth the headaches if it won't carry over.

SOL is 2 years I'm told and is from the "last interaction" and not from the start. A payment was made earlier in the year, so it is at least from that point.

I've received confirmation that these "out of pocket" expenses I was invoiced for were never paid. I knew this when I was told to send a check made out to HIM

Point being, I've been tied up in this for a while and not just cost me time and money, but had to hold onto a piece of property that was bought that this case revolved around, which has decreased in value.
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Old 10-30-2013, 11:47 AM   #22
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Old 10-30-2013, 11:53 AM   #23
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