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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8898
Experience:  30 years of corporate, litigation and international law
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this frivilous investigation cause our practice to suffer loses

Customer Question

this frivilous investigation cause our practice to suffer loses oermanently as it was posted and pubic record thwt our office us under investigation, I became anxious and worried and subsequently disabled. we went from producing one million to losing 200k this year. can the lawyer that never turned in our defense be held liable ?
Submitted: 3 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 3 years ago.

bizlaw :

Who was conducting the investigation and for what purpose? Was the lawyer you are referring to your lawyer? If so what did he have to submit that was not submitted and what would the submission have shown?

Customer: replied 3 years ago.

the first lawyer upon the notice of complaint and asking of DOH for our side of the story , I hired an attorney to submit the documents as to dr.;s licenses and assistan licenses and affidavids from them expressing that the compiant was a discrental employee and no assignments are given to assistants that is suppose to be done by doctors. and further more assistants showing their florida licenses and affidavid that such things as alleged by discredtal employee was not truthful. a copy of a voice mail by the compaintant on my voice mail to pay her money by tomorrow or she will mmake a lot of trouble including going to DOH. the first lawyer that I hired failed to submit anything in defence to doh evaluation of the case or include how the investigator lied, and that I did never admit to this taking place. he sat silently, and i was not gettiing copies of documents and requests since he was the council until probable cause determined that there is sufficint evidence to investigate this case. he then called me and asked for 50000 to make this go away, and in my question did you not give them the evidense he replied yes, but we need to dipose these people and they are going to cout.

I terminated him as a layer and hired another one that presented all the evidense to DA office and they requsted charts for the days she worked . he also sue the DOH and its investigatores conduct, and to this date nobody has gone to court.

Now as the statute of limitation expires in a few months, DOH is offering to remove all investigation in this matter and find in our favor, if we accept to drop charges against the DOH and the investigator, as well as waiving any attorney fee requests, and my attorney thinks we should take the offer even though I suffered emotionally and financialy and the practice had the mark that it was under investigation, and doctor aand eployees left and I have become disabled largly as a result of this investigation remainig pending for nearly 5 years. we even asked them after over 2 years of inactivity to dismiss the investigation and they would not file a suite in court either. My lawyer thinks I should sattle with that because if we go to court they subpenoa more cgarts and may make more expense and might find something that is not right . mu thinking is with you we should wait till the five years is over and then sue them in court.

Expert:  Richard - Bizlaw replied 3 years ago.

Your attorney has a much better understanding of the situation and I suggest you take his advice. As for the suit against the other attorney, I think you need first to get the case dismissed with you being cleared of all charges. To successfully bring suit against the former attorney you will need the agency to say that had they had the information your new attorney provided at the commencement of the case they would have dropped the investigation. Then you will need another attorney to testify that it was negligent not to provide the DOH with the information you provided to the attorney. If these two things can be established then you would have a malpractice claim against the first attorney. If he provided the information and the DOH did not act on it until your second attorney got involved, you probably to do not have a suit against the first attorney.

 

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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.

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Richard - Bizlaw
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30 years of corporate, litigation and international law