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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34170
Experience:  Retired (mostly)
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Two lawyers from Minnesota came to Calif. representing my employer

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Two lawyers from Minnesota came to Calif. representing my employer in an arbitration, which I lost. The State Bar now has sent an affadavit that they were not granted approval, or paid their fees, violating BIRBROWER and CCC 1282.4. The D.A. sent me a tape proving that my key witness was tampered, threatened by the opponents. Good case, except no attorneys want to touch a contingency case, unless a dad of 10 gets runs over in a crosswalk by a Cocoa Cola trcuck that ran the light, and the driver was drunk. Freebie clinics don't want these cases either. ALL attorney search sites DO NOT WANT contngency cases, except for the type described. WHERE DO I GO? NEED ADVICE!!!!
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
The reason why you are not finding an attorney is because your damages are too small, and the difficulty of collection even if you win, too great. Also, an attorney cannot, under the Ca Rules of Professional Conduct, threaten administrative action in order to obtain a settlement in a civil action. So, for example, were a contingency attorney to file suit, and were there a good chance of winning, the attorneys from MN would feel safe in the knowledge that they don't have to settle, because the Ca attorney won't be reporting the MN attorneys the Minnesota Office of Professional Responsibility (MOPR).

However, you're not an attorney -- so, if you were to sue each attorney in small claims court for the $7,500 max, and if you were to win, then you would not only have an aggregate $14,000 judgment, but you would also have leverage, because there is nothing to prevent you from reporting the attorneys to the MOPR.

Note: you can't outright threaten to report the lawyers if they don't pay you, because that is criminal extortion. But, you can certainly mention in the course of negotiations that a judgment against them probably wouldn't look good to the MOPR. And, that might be "just what the doctor ordered," if you catch my drift.

That's all I can think of. Here's the link to info on California small claims court.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Lawyer
Satisfied Customers: 34170
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks again. As to limited damages, I omitted that RBC Capital placed a lien on my home, and unable to raise $300,000 they demanded, I had to file Chapter 7 - saving my home for my wife and 10-year-old. What is a bk for a 74-year-old worth in in dollars? Good law school problem. Also FINRA said the Courts could have the arbitration over-turned, based on fraud,Birbrower, and CCC 1282.4, and I know the lawyers have been in Calif. numerous times to handle many other similar

FINRA arbitrations. Any advantage for me to have my particular arb.over-turned, even IF the court decrees such?

Expert:  socrateaser replied 3 years ago.
What is a bk for a 74-year-old worth in in dollars?

A: Asssumig that the bankruptcy is the reasonably foreseeable result of the witness tampering, then it's worth the out-of-pocket cost of the bankruptcy, plus any lost investment opportunity, lost earnings, and the value of the reputation injury -- which could include emotional damages.

Courts are reluctant to permit damages that are not foreseeable, unavoidable, causal and certain. For most people, reputation damages are difficult to prove. However, if you could show that the home was lost due to the acts of the attorneys, then those damages would be recoverable.

Of course, none of this matters in small claims, because the most you can get is $7,500 from any one claim. But the theory of recovery is still the same.

Also FINRA said the Courts could have the arbitration over-turned, based on fraud,Birbrower, and CCC 1282.4, and I know the lawyers have been in Calif. numerous times to handle many other similar
FINRA arbitrations.

A: A California court can set aside a judgment based upon extrinsic fraud or mistake if the other party was prevented from having the case fairly litigated on the merits as a consequence. Olivera v. Grace (1942) 19 Cal.2d 570, 576, 122 P.2d 564, 568. This inherent equitable authority of the court has nothing whatsoever to do with FINRA, Birbrower, Civil Code 1282.4, or any other statutory legal authority.

Any advantage for me to have my particular arb.over-turned, even IF the court decrees such?

A: I don't know, because I have no idea what your case is all about. You've obviously discussed it in this forum on numerous occasions. However, I try not to read the answers provided by my colleages, because it frequently sends my blood pressure into the life threatening range.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


socrateaser, Lawyer
Satisfied Customers: 34170
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

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