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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8391
Experience:  30 years of corporate, litigation and international law
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Sir , This is a new question I am sorry my wife errased

Customer Question

Sir ,
This is a new question

I am sorry my wife errased you alert.

Last week my attorney quit three times in one day not to me direct but through his associate.I spent an awful lot of time on the phone and through the internet.Quite frustering.Then I found someone close to home met him and his partney and was impressed.In the meantime my attorney called an unresigned.Today he tells me we will file the Brokerage suit next week and take the depositions of the neurologist.

He leaves and sometime later his associate that was drafting the TRO tells me it is no longer a TRO per her boss it is a temporary injunction.No explination.So today I wrote her and said do not file until we discuss it with your boss In the mean time the people I met were disappointed and said they would have considered a contingency but only after they knew what his lien would be.

My difficulty is knowing where the line is between the attorney and the client.For example going forward with the TRO.or waiting to file for one week after the depositions and bring in my relatives to remove them as trustees and make that part of out current motion.
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 years ago.
A TRO and "temporary injunction" are two terms that are used interchangeably. A temporary restraining order is the same thing as a temporary injunction, it prevents someone from doing something they have been doing. At this point it appears that there is a lack of proper understanding between you and your attorney and what they are doing. The attorney has the right to determine the legal tactics to pursue your goals in this matter and your right is to be informed of what is being done on the case.

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Expert:  Richard - Bizlaw replied 3 years ago.

First it is your decision whether you want to continue with the attorney. You are not required to allow him to ":unresign". The testimony of the neurologist would be critical in establishing that the last changes to the trust were made when your mother was not competent and would strengthen the injunction motion greatly because you would not only have the improper withdrawal of funds for self defense purposes but would enhance the misuse of funds when coupled with the fact that there were to be no withdrawals other than for your mother's maintenance. If the deposition is going to be next week, you want to have an expedited transcript so you can include the testimony in the motion papers. If done quickly, I would be inclined to await the neurologist's testimony before filing the motion but if the deposition is delayed go forward on your motion.

 

A TRO and temporary injunction are often used interchangeably but just so you understand here is the process and what is issued at each stage. When a case goes through trial and a final judgment is issued, one of the remedies is a permanent injunction prohibiting certain action. Before final judgment a party can move for a preliminary injunction to keep the status quo until there a a final trial on the merits. This preliminary injunction is issued after a complete briefing on the motion and sometimes after taking live testimony on the motion. If there is a real danger that a party will be injured before a preliminary injunction is issued, a party can move for a temporary restraining order. This order basically prohibits a party from taking an action until the court has decided the preliminary injunction motion. This temporary restraining order can be issued with only one party being heard or there only being an oral argument.

 

When your attorney says they will do a temporary injunction and not the TRO I think they mean they will not seek a temporary restraining order just the preliminary injunction.

 

Sorry I did not see your note earlier.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8391
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 12 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

Sir Thank you.I dontg know about my attorney some times I wonder what side of the fense he is on.The two attorneys that I mwet were quite excuesed until I told them my attorneys change of heart.I am still not sure.These attorneys may have woked on a contingency.

 

You have confirmed my feelings.We only have one chance.You did not mention the trust being 2-1/2 years late for distribution.To me that cant not be turned down by the court for any reason.My attorney has dragged his feet since early June for the depositions.This has always concerned me.Friday he was very direct he would take the deposition and file the suit against the broker.

 

It wmay cost me a week mayb y longer but what if I told him no filing until we have the deposition?

 

With that we have a fraudulant trust,$1.0M taken from an incapacirtated grantorf,$500.,000 of personal legal fees and refusal to honotr their contractr and pay out the trusrt

 

Can we get all of that in a preliminary injunction?If ther Judge refuses on every count it seems the applate court must side with us.

 

Can you put in your pleading a $3.4M trust takemn from the granor and $420,000 taken from that trust using six forgeries.Maybe I have a chance to open that up maybe not however my sisters with two attatchment will destroy any crwedibility they ever had.Can I put that in?

Expert:  Richard - Bizlaw replied 3 years ago.

You definitely want to put in the forgeries as part of the case as it shows their breach of fiduciary duty. You can definitely tell the attorney to hold off filing the motion until the depositions are taken. What you can get in the preliminary injunction is effectively a freeze on trust distributions without court approval. You may also get a freeze on any substantive decisions regarding the trust without agreement of all trustees or approval of the court. The court will not do more as that action preserves the status quo.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8391
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 12 other Business Law Specialists are ready to help you

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