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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9699
Experience:  Licensed to Practice Law
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Hi I asked you a question prior9 regarding a attorney who did

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Hi I asked you a question prior9 regarding a attorney who did not inform me we were going to a ADR *( Today I found out the name of it. He did not call it mediation, arbitration, nor settlement conference, rather "a hearing at Court", later as we drove over "just stopping at an attorney office to toss numbers arond to see if we agree on anything about the damages. I said costs? He said well- specail damages adn all that . we will se. " I know the former words ( other than ADR, but was not advised prior. HE HAD E MAiled every dat weeks prior . he choose a amount that was only 200 K more than the 175K I have in dental expenses ( out of pocket,;oans, etc) He knew i was disfigured and 9I was a Playmate) and I realy was attractive- oddly never knew it that much. Thought it was my fantastic wit, athleticism, and charm-and the fact I was raised in Alaska and loved Guy sports as well as travel.Anyway I was servely disfiured, could not eat over a year and other unspeakable things that I could not leave my home, vocal damage,oral burns, Severe intractable pain ( continuing ) AND the defendant had not given a notice of appearance for 18 months,until I missed a case deadline day by a week due to illness and did contact the Judges line to inform them. This creer mutilated and tortured me. No oral-craniofacail prostodontist has EVER seen 17 root canals all in one patient -all within
Submitted: 5 years ago.
Category: Legal
Expert:  TJ, Esq. replied 5 years ago.

Hi again. I do remember our prior discussions. Today is the last day to appeal your case? And you want to get out of the settlement? Unfortunately, I do not believe that you can get out of the settlement that you consensually signed (despite the pressure). Settlements are viewed as contracts. You gave up your right to litigate the matter by accepting the $140k. Therefore, if you have any recourse, it would be against your attorney who pressured you into making a poor deal. What state are you in again? I can lookup the requirements to win a malpractice case.

Thanks.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the State of Maryland. Accordingly, you acknowledge that (1) we have not formed an attorney-client relationship, and (2) my post is general information only and is not legal advice. For legal representation and/or legal advice I urge you to consult in person with an attorney in your local area.

 

Customer: replied 5 years ago.
Washington. Sorry . My PC broke down. I just got it up and running again.
Expert:  TJ, Esq. replied 5 years ago.

Hi again. Glad your computer is up and running again.

In the recent case Ang v. Martin, 114 P.3d 637 (WA, 2005), the Washington Supreme Court wrote the following about legal malpractice:

A plaintiff claiming negligent representation by an attorney in a civil matter bears the burden of proving four elements by a preponderance of the evidence:

(1) The existence of an attorney-client relationship which gives rise to a duty of care on the part of the attorney to the client; (2) an act or omission by the attorney in breach of the duty of care; (3) damage to the client; and (4) proximate causation between the attorney's breach of the duty and the damage incurred.

Hizey v. Carpenter, 119 Wash.2d 251, 260-61, 830 P.2d 646 (1992); Bowman v. John Doe Two, 104 Wash.2d 181, 185, 704 P.2d 140 (1985) (noting that, in legal malpractice suits, proof of attorney-client relationship is grafted onto customary elements of negligence claim). The fourth element, proximate causation, includes "[c]ause in fact and legal causation." Hartley v. State, 103 Wash.2d 768, 777, 698 P.2d 77 (1985). Cause in fact, or "but for" causation, refers to "the physical connection between an act and an injury." Id. at 778, 698 P.2d 77. In a legal malpractice trial, the "trier of fact will be asked to decide what a reasonable jury or fact finder [in the underlying trial or `trial within the trial'] would have done but for the attorney's negligence." Daugert v. Pappas, 104 Wash.2d 254, 258, 704 P.2d 600 (1985) (emphasis added). Legal causation, however, presents a question of law: "It involves a determination of whether liability should attach as a matter of law given the existence of cause in fact." Hartley, 103 Wash.2d at 779, 698 P.2d 77. To determine whether the cause in fact of a plaintiffs harm should also be deemed the legal cause of that harm, a court may consider, among other things, the public policy implications of holding the defendant liable. Id.

You definitely had an attorney-client relationship because he was representing you. You were damaged because of the poor outcome of your case. The other two elements will be more difficult to prove … did the attorney do something to breach his duty of care … and did it cause your damage? The judge/jury in your malpractice lawsuit will need to determine if the outcome in your case would have been different had the attorney not made his mistakes.

Have you consulted with a legal malpractice attorney yet? I suggest you do so.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the State of Maryland. Accordingly, by continuing in this discussion and/or by “accepting” my answer you acknowledge that (1) we have not formed an attorney-client relationship, (2) my answer is general information only and is not legal advice, and (3) you should not rely on my answer in undertaking any course of action without first consulting with an attorney in person who can review all relevant facts.

 

TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9699
Experience: Licensed to Practice Law
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