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Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
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Your follow-up question:
(DATE OF OCCURENCE OF THE CASE IS DEC 2 2008). Thank you very much for your response. I guessed as much. Yes it is 3 years. I have a problematic lawyer. I hired him 2 weeks ago. Immediately I paid the no-refundable retainer fee of $7500, he started acting sloppy. The money is not a joke. We discussed that we are going to sue for false arrest, but now he slacked on it and told me he is suing for only negligence because the statue of limitations has passed and that "he doesn't even know if there are punitive damages from negligence cases. " I was discussing with him and his Assistant . Then he asked me an inappropriate question about sex, while his assistant beside me was fumbling right in my front with his private. This happened today. I was dressed moderately in a T-Shirt and slacks. What do I do? Please help me.
Response: You can still file for false arrest. However, you may be now barred because the Notice of Claim was not filed within 90 days of the incident. But, Notice of Claim should be filed and see what happens. If your attorney and his assistant are behaving this badly, you should get another attorney. Also, there is no such thing as non-refundable retainer. If he took the $7,500.00 and has not earned it, then he must return the retainer. Otherwise, you can report him to the Attorney Disciplinary/Grievance Committee:
Please do you have any body you can refer me to here in New York, that will handle the false arrest case? Most of the lawyers say they handle only false arrests that have to do with police arrests. The legal referral here say that because they had earlier referred me to a lawyer that successfully handled another part of this matter, they will not refer me to another lawyer through the agency. In other words, I'm on my own. Do you have any ideas that might help please. I was deliberately and strategically arrested by force for no reason during my exams so that I can be dropped from my scholarship program. Please help.
Response: Unfortunately, I do not personally know of any attorney in New York that can handle your false arrest case. I usually refer people to the sites below, which are very good sites for locating attorneys.
I do not have any ideas that would help because what you need is an in-person consultation with an attorney so that the attorney can properly review your case and decide on the best way to handle the case. As stated previously, you may be time barred from filing the false arrest case because the Notice of Claim was not filed.
You are quite Welcome.
Happy New Year!