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Attorney & Mediator
Attorney & Mediator, Lawyer
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Experience:  Attorney & Certified Mediator
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what happen when yor lawyer screws up and costs you your ...

Resolved Question:

what happen when yor lawyer screws up and costs you your case that took ten years and u find out now
Submitted: 9 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 9 years ago.
1) Can you please clarify how you believe your attorney screwed up your case?

2) Did your case just reach a decision?

3) What type of case was this and was this a New Jersey case?
Customer: replied 9 years ago.
when taking my statement he put me where i never was in a natural gas trading pit i traded unleaded gas,he wrote i slip on a pit card never said that said that we used pit cards understand this happened in 1997 his errors in this report lead me to dismiss him which later his firm did to.than my new attorneys failed to get this correct when i was deposed and they read this statement i was deposed 3 days with plenty of evidence that was not introduced because liabity was hard to prove because of this fictious pit card this was7-8 years ago and my attorney past the case to my current attorney who had it 7 -8 years supposidly the 1st deposition was thrown out cause of the tragity of the world trade center so i was deposed again and my attornies did not get this report straten out again i lost everything my pension my case a job i loved had zero input in my defense and now because of the time its taken im about to lose my house i put alot of trust in these people to make them prove my case and they couldnt get me to court
Expert:  Attorney & Mediator replied 9 years ago.
Sorry to hear about your unfortunate situation.

An attorney is required by the rules of professional responsibility to provide competent representation for the best interest of the their client. When an attorney fails to do this, the client has the right to file a complaint with the disciplinary board where the attorney is licensed to practice law. The disciplinary board will conduct an investigation and if warranted will suspend or revoke the attorney's license to practice law. You can then take the results of the investigation and sue the attorney for malpractice and recover damages you have suffered as a result.

Based on the information you have provided it appears that both attorneys may not have reviewed your evidence to prepare well enough for your case. Further you have evidence at least for the first attorney that he did not represent you adequately as it resulted in him being fired. What you will have to do is file a complaint if you believe both did not act competently in your representation. Since you mention New York, I am assuming these lawyers were licensed to practice there. To file your complaint you can do so with the State Bar of New York here.

The applicable rule of law for competency is the following:

DR 6-101 [1200.30] Failing to Act Competently.

A. A lawyer shall not:

1. Handle a legal matter which the lawyer knows or should know that he or she is not competent to handle, without associating with a lawyer who is competent to handle it.

2. Handle a legal matter without preparation adequate in the circumstances.

3. Neglect a legal matter entrusted to the lawyer.

You can review the rest of the Lawyer Code of Professional Responsibility here.
From there you will have to see what the disciplinary board determines as that would be your key evidence to sue for malpractice.

Further, if you just received a decision on this case, you have the right to appeal within 30 days of the judgment based on ineffective assistance of counsel. If 30 days have past, your appeal rights are now barred. For an appeal it would be best to hire an appellate attorney if you still have time to appeal.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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