Offistart - Virtual Offices, Office Space, Business Support Services
*Home>>>Call Forwarding

How do you recover damages when your attorney dismisses your case without asking you?


Attorney filed Voluntary Dismissal without asking us. She told me not to attend a hearing where defendant challenged our right to sue, failed to cite plain English paragraph that specifically gave us the right to sue and the magistrate granted a dismissal. Next day she filed Voluntary and refused to take my calls to explain why. No other atty would take case. We had defendant dead to rights, had the documentation to prove our case, fought to get to trial for several years, then nothing, leaving us destitute. We were referred to Atty because she had another case against same defendant. She led us to believe she was a litigation lawyer, then afterward we found out her specialty was family law. Along the way she dismissed one of the defendants (another atty who kept our money in his trust acct rather than forward it, causing us to be foreclosed upon) saying only "we couldn't sue him." She was negligent in failing to cite our basis for suit, then abandoned us by filing Voluntary Dismissal.

Not complaining about 2 attys. We were referred to original atty because she had a suit against same defndnt. More: We filed against a mortgage co. Made a deal with that co. after 9/11 to use eminent domain funds to keep from being delinquent during economic slowdwn. Mort. co. atty received funds from em. domain, put in his trust acct and didn't forwd for nearly 6 mos while foreclsre filed and dropped when they realized their atty had the money. When servicing transferred to another co., atty finally forwarded money to 2nd co., but only after they also filed against us. When error discovered, 2nd co. dropped suit but charged us atty fees for their mistake, & compounded by adding many add'l fees. Class action filed against mort co. but we filed separately. Class setlmnt barred other suits EXCEPT if cause of action arose before xfer. Ours did precede xfer so was valid. Our atty failed to cite this. Dismssd but case not closed by judge after I wrote ltr to complain. Now what do I do?

In the US, you can sue your attorney for malpractice and try to recover that way.

But I gotta say the fact that no other attorney would take this and that you now are complaining about not one, but two lawyers, makes me think you might not have as much understanding of the law that applies here as you think you do.

A voluntary dismissal might have been in your best interest, as it might allow you to refile your claim. If the judge had ruled on the defendant's motion and found against you, there might have been a dismissal "with prejudice", meaning you could never refile.

I'm sorry you feel that justice has been denied to you, but there may be more to this story that would explain this result.

EDIT - 1) attorney with trust fund obligation and 2) attorney who represented you = 2 attorneys that you are complaining about. No?

Anyway, it is impossible to evaluate the procedural stance of this case in this forum. You may be able to refile. You need a lawyer. If none will take it because they all disagree with you on your interpretation of what the law can do for you, they just might be right.

All I'm saying.

Tags
  Shared Offices   Commercial Space   Office Space   Business Services   Business Address   Call Forwarding   Call Handling   Answering Service   Telephone Answering   Mail Forwarding   Virtual Address   Virtual Assistant
Related information
  • Drug used to seduce men?

    Female predators are sooooo evil. We the helpless men will suffer everytime they want it. have they no shame? Hope not ..........;-))

    ...
  • Who will close for the Phillies now?

    They will rely on Tom Gordon until he goes on the DL and then it will be up for grabs, probably a committee of some sort.

    ...
  • He's my ex...and I'm confused?

    I would just let it be. Don't contact him again.

    ...
  • He's deploying...should I still show I care?

    well i say that you should definitely step up and be the bigger person, wish him well bcuz i hate to say it, but if something happened to him... you'd feel terrible. and as for him calling ...

  • Do you have an I Believe poem?

    I haven't done this but it sounds like an awesome thing to do!

    ...
  • Physics test?

    your a really...really ...really big moron

    ...
  • Advice on winning a rape case. URGENT?

    How to Talk: Tell the whole truth How to Act: Be yourself Anything other will be perceived as deception.

    ...
  • Need some advice...?

    I'd bet you'll have lots of down time. Think of it as summer camp! You'll meet new people and get a taste of living in a dorm atmosphere. You'll probably have weekends free.....

  •  

    Categories--Copyright/IP Policy--Contact Webmaster