Legal Malpractice Legal Questions

Let me start by saying that I'm sorry to hear what is happened to you. Unfortunately while the North Carolina State Bar does set a high ethical standard to those who are granted the privilege to practice, not all attorneys choose to abide by these standards. The North Carolina Rules of Professional Conduct , Rule 1.19 is captioned "sexual relations with clients prohibited" if states that a lawyer shall not have sexual relations with the current client of the lawyer. The only exception is if a consensual sexual relationship existed between the lawyer and the client before the legal representation commenced. A complaint to the North Carolina State Bar will result in an investigation and possible sanctions including censure, reprimand or even disbarment of the attorney. A claim for damages that would need to be brought in the form of a lawsuit in civil court. In order to recover compensation you would need not only to show that the attorney violated the law, but that you were damaged as a result.  Whereas the State Bar inquiry would not be focused upon who pursued who or to what extent consent was voluntary, these issues would be relevant I believe in the civil case. In my prior experience in dealing with cases such as this, there is often a great divergence between what the participants feel are the "facts". I would recommend keeping all correspondence e-mails text messages and any documentation that you feel supports your claim. If the attorney has malpractice insurance it is likely through Lawyers Mutual. They will defend the attorney and pay the claim if necessary. If for some reason the attorney does not have malpractice insurance, there may be an issue insofar as collecting any judgment from him.  Keep in mind, that the statue limitations pursuing a legal malpractice cases generally three years. If you are interested in pursuing the legal action you should do so as soon as practical.  ... Read More

You sound like you and the new lawyer are not on the same page. You may need to hire a new lawyer that will work under the terms you describe. Be aware though, that reviewing all the documents as you describe typically causes a substantial increase in legal billing, so as long as you are willing to pay for the added work, communication, discussions, etc.......you should have no problem finding someone. ... Read More

Depends on how all that actually happened. You may have an argument to set aside the judgment if you were not truly afforded due process, etc. Seems inconsistent that you say lawyer never notified court, as he would be lawyer on case until THE COURT lets him out, and there wouldnt likely be notices to your partners directly, if the laywer was still on the case. You need to address this immediately thought.... Read More

Well, it all dependson where and how they are claiming the lien. Oddly, the lawyer may be equally responsible for payment of the lien as he clearly was aware of it and seems ot have ignored it. You may need to hire a lawyer to address this issue and possible make a malpractice claim against the first lawyer if a valid lien exists. ... Read More

Your facts are very confusing, on one hand you state the lawyer was forced to stay on the case, then you speak of the case being dismissed, a second case filed or re-opened, and not really sure what the claim is against the lawyer other than he refused to advance the expenses for the case, which may well be his right, as usually the fees are contingent, not the expeneses/costs. You need a better explanation.... Read More

Your friend should contact the Colorado Supreme Court - Attorney Regulation Counsel.  The behavior you describe violates the rules of professional conduct and should be reported.  This can be done online: http://www.coloradosupremecourt.com/Regulation/Regulation.asp To file a report simply click on "File a Complaint"  ... Read More

You can ask, and you should not be charged for services if the lawyer is not representing you at the time the document is filed. That type of notice isnt for your benefit but for the other lawyers and the courts not to schedule things during that time frame. Obviously you have issues with your lawyer. Anytime you feel you lawyer is unethical or "questionable" you need to fire that lawyer and hire one that you trust.... Read More

There is a difference between telling you to lie and disagreeing with your view of who is at fault. To be clear, at least one other person agreed with the lawyers assesssment, the cop. Whether the ticket was thrown out or not is of no consequence, as this could easily have been a techinicality. Adding to this Florida is a comparative negligence state such that many people people may have responsibility for causing an accident by percentage. If you feel strongly that your driver did nothing wrong, by all means you have every right to stand by your convictions. With that right, however, may also come the responsibility for paying your own medical bills because the other person you contend was at fault may not have enough insurance to do so.... Read More