Thanks for all your help Raichasays!!! My suit is all about ethics. My previous lawyer purposly ruined my case against the business. My suit is now against my lawyer. Nobody will sue a lawyer even if I have absolute proof that the case was not handled in an ethical way. I did not state every exact reason why I am suing my lawyer in my complaint. Since the Defendants lawyer did not file a demurrer maybe I don't need to further define the exact instances of unethical behavior of my ex lawyer that I'm suing. Can a jusge dismiss a case without asking me to further define myself? I want to be sure I head off problems before the judge dismisses the case.
2007-11-13 15:40:51 · 3 answers · asked by Tom S 1 in Politics & Government ➔ Law & Ethics
AW- Can I stilol go to the State Bar even though I have a court case against him? I have been pushed to almost suicide so how will taking him to the State Bar help me for the losses from my ex lawyers actions?
Remo- The lawyer for the Defense signed off on the trial by jury that I requested.
2007-11-13 16:23:46 · update #1
If you are suing for malpractice, that is basically a negligence case. Attorney owed you a duty to perform competently, he did not perform services competently (as shown by comparing what other lawyers normally do under the same circumstances), and because he was incompetent you lost your case and some money.
This is a very hard case to prove. First, you will need another lawyer to testify that your lawyer was incompetent AND you will need to show that it was very likely you could have won the case if your lawyer did a better job. Not easy at all.
The better place to voice your unhappiness with an unethical lawyer is at the state bar. Report his actions to the disciplinary committee and they will investigate.
As for your lawsuit, it's going to be nearly 100% impossible for you to win this thing on your own. But in answer to whether the judge could dismiss the case without further defining yourself--yes. It's something called "summary judgment" and the defense would have to make a motion asking for it.
If you want to head that off, fix your complaint and see if you can get it filed.
But I really think you should drop this and head over to the state bar instead.
2007-11-13 15:51:16 · answer #1 · answered by raichasays 7 · 1⤊ 0⤋
"Can a jusge dismiss a case without asking me to further define myself?"
A qualified no. The judge could, at a future date, grant the defendant judgment on the pleadings. He may or may not grant you leave to amend. I'd expect that you will also be facing a summary judgment at a later date. And if you are about to go to a jury trial, possibly some motion ad lim to limit the case.
It is a maze you will have to negotiate.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Eh Tom S
You can expect, that, immediately before trial, the defense attorney may do a motion to strike various aspects of your complaint alleging that no evidence should be admitted (i.e., motion ad lim) on various aspects of your complaint. The grounds would be that the evidence is irrelevant because even if admitted it would related to a claim which you cannot recover on. The reason the judge would grant such a motion is to not burden or prejudice the jury with hearing stuff that is not relevant.
(Don't forget Judgment on the Pleadings and Summary Judgment motions that you may have to defend before trial.)
You should read raichasays, above, carefully. It is tough to prove a malpractice action against a lawyer because you have to show (1) the lawyer failed to meet the standard of care for a lawyer (i.e., he blew something), and (2) as a result of his failure, you suffered a loss (i.e., the case should have been won but for his actions). You will need an expert opinion on both of these issues. If you don't have an expert, the judge may dismiss the case.
You really need professional help -- even if it is just to discuss the issues of the case. I suggest that you contact your local bar association and see if they have an attorney reference panel. You can usually get a 1/2 hour consultation either for free or for a small fee. (The fee goes to the bar association costs of the service and not the attorney)
2007-11-14 00:00:04 · answer #2 · answered by Frst Grade Rocks! Ω 7 · 0⤊ 0⤋
You need to get a lawyer to represent you!!! They may have a lot of lawyers in their pockets, but they can't have all of them!!! Do a search for lawyers who handle legal malpractice... usually personal injury lawyers do this, also..
Did you report him to your state bar yet??? If not, do that!!! asap!! You should NOT represent yourself in this!!!
2007-11-13 23:51:57 · answer #3 · answered by A W 5 · 0⤊ 0⤋