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Thanks very much for your reply.....we are still confused about the new info we got only in their interrogatories that they withheld telling us about their mistake even after they knew of it for 31/2 months. They knew we were making decisions and acting on incorrect balance info and even advised us on actions we took in spending money based on what we thought our assets were. Is the deliberate withholding of notice of their error and correction of our balance not a serious issue for them? WE, of course, think it borders on criminal behavior and we not only suffered damages from the 61/2 years of reliance on accidental false info but as well from the 3 1/2 months of deliberate false info. Our ability to make informed financial decisions was taken by their negligence, both accidental and deliberate, and while their liability may be limited due to an unintentional mistake for 6 1/2 years, we do not see how they are not liable for the deliberate act in the 3 1/2 months.
Will this be enough to stop the granting of the motion for summary judgment?
We are truly dismayed at the prospect of losing our case due to our lawyers lack of care and expertise but we are now afraid that we will also have to pay the Banks attorney fees!!!! Should we consider dropping the case? Would that be in our ultimate best interest? I am longwinded and argumentative at best, XXXXX XXXXX and I apologize.....I just want to be sure we are aware of all possible consequences of our possible actions.
OK, again Thanks for your reply. Now, the validity of the second form is not questioned...we don't know why she did it but she did...it wasn't filled out correctly but we do believe it was her intent to split the IRA. We are suing the Bank for damages as a result of their mistake and breach of fiduciary for their actions upon discovering the mistake.
Harmless error is not an accurate description of the consequences of our relying on their erroneous actions and subsequent info for over 6 years in planning our financial future. We had no way of knowing that the threat of a possible bank error taking $385,000.00 from us in one fell swoop existed. May I ask you to consider how you would handle the same situation?
You are the first attorney to just flat out say that if the form was valid it doesn't matter that the Bank messed us over!! But since the Bank seems to feel the same way we are getting panicky. And our lawyer is less than supportive and almost totally nonresponsive.
While you may not believe this, I really am not looking for only the answers I like, we are desperate to know the truth so if you really believe that the validity of the second form is the only issue that matters then we are glad to have your opinion.
Please answer about our liability for the Banks attorney fees if we drop this suit....can we even just drop the suit at this point?
Thanks for your tolerance and response.
Terry & Jean Pope
We are not looking to sue our attorney but we may have to make him aware that we are thinking of either replacing him or dropping this lawsuit.
Again, Thanks for your response.....can you please address the questions about dropping this lawsuit and our liability for the bank's legal fees?
Terry & Jean Pope
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