QUESTION

At an Evidentiary Hearing Motion to Dismiss for Lack of Personal Jurisdiction my attorneys failed to object to the defendant's testimony during which she was perjured herself. I even told my attorney she was lying. He said it didn't matter. We were only there to prove jurisdiction. But personal jurisdiction is based on evidentiary hearing and her false testimony went to her credibility. Had objection been made judge may not have believed all the other things she said. We did have enough evidence to prove jurisdiction but the judge threw out the case.

Asked on Dec 16th, 2015 on Legal Malpractice - Florida
More details to this question:
My attorney has offered to do pro bono work I take this as an admission of knowing they "blew it" Do I have a legal malpractice case?
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
and THIS is why attorney's charge so much money, unreasonable clients who turn on them at the drop of a hat and think they know better what to do in court. First and foremost, simply making an objection does jack squat in such a hearing, as the court would have to sustain the objection. Second, simply accusing the other person of lying "because you know the truth" is equally useless as you would have to have conclusive EVIDENCE to show that she was lying, which is very very very difficult to to anticipate and prepare for, unless of course you have an unlimited budget, which few have absent last names of Trump, DeBartalo, Gates or Steinbrenner. Apparrently, you did NOT have enough evidence to prove jurisidiction, because as you said, the judge threw out your case. Ignoring this, again because you know better and everyone else screwed up, is as unproductive for the same reasons previously stated. Your remedy here is simply seeking appeal or possibly refiling in proper fashion. Finally, the lawyers willing to help you "pro-bono" may be far from a confession that the lawyer "blew it" but equally possible that the lawyer feels the court was wrong and has some interest in helping you sort it out, so be wary of being ungrateful if this is this case. Finally, if you feel you have EVIDENCE of perjury, then you are always free to go to the appropriate law enforcement agency, present your evidence and see if they agree and prosecute. if they DONT agree and prosecute, well.....then there you have another indication as to why the lawyer's position may have been the proper one.
Answered on Dec 24th, 2015 at 6:10 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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