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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11455
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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this question is. ESQ. I’m a plaintiff pro se in

Customer Question

this question is for CHRISTOPHER B. ESQ. I’m a plaintiff pro se in PENNSYLVANIA with my wife plaintiff pro se. We are well into two year litigation against attorney defendants who are about to file a motion for summary judgment claiming that I have NO STANDING to be a plaintiff (with my wife). The facts regarding my STANDING in Pennsylvania to be a co-plaintiff: (1) I selected the defendant attorney and negotiated the terms of his representation of my wife before he ever met my wife, (2) the defendant attorney’s “fee agreement” is with both me and my wife – we both signed it, (3) my wife has testified that the fee payments were made with our commingled funds and therefore I paid (or helped pay) for the services – but the service or representation was for my wife. Moreover, the defendant attorney has testified that all his communications regarding my wife’s litigation (there are many emails) were with me, I reviewed and approved all drafts an filings, and I emailed all instructions (there were many). The defendant attorney agrees that all instructions came from me and he made all “promises” regarding services to me. He testified that he dealt only with me “because I was her husband”. (Other than one meeting he never communicated with my wife.) (There was a legal "Power of Attorney" from my wife to me to do all this, but the judge said that the "Power of Attorney" does not give me Standing - which I knew.) Our several actions: tortious breach of duty by conflict of interest, tortious breach of fiduciary duty, malpractice, breach of contract, breach of promise regarding defendant attorney’s underlying representation of my plaintiff wife against another defendant. This is analogous to my selecting a workman, contracting, supervising and paying a workman to provide services or repairs to the home owned by my wife, but when he defaults on the services or injures my wife's house, do I have standing as a plaintiff (with my wife owner of the house) to sue him? I need Pennsylvania case-law and any scholarly legal articles or guidelines on this issue? - will

P.S.

Pa.R.C.P.Rule 2002 Prosecution of Actions by Real Parties in Interest:


* * *

(b)  A plaintiff may sue in his or her own name without joining as plaintiff or use-plaintiff any person beneficially interested when such plaintiff:

(1)      is acting in a fiduciary or representative capacity, which capacity is disclosed in the caption and in the plaintiff’s initial pleading; or

(2)    is a person with whom or in whose name a contract has been made for the

benefit of another.


* * *


how about that! now I need Pa. case law and scholarly legal article to back up this Pa. Rule


please assist


 


 

Submitted: 1 year ago.
Category: Family Law