I am trying to find out if I have reasonable chance of winning the following case and if so, under what argument? I wanted to defend myself, because if I am going to lose, why pay two lawyers.
In April 2008, I hired a divorce lawyer, paying $2000 retainer and signing an agreement for monthly payments thereafter once that was used up. The lawyer had promised to hire a private detective which he never did. I was given legal advice that caused me to be placed in contempt of court. I had repeatedly asked the lawyer for mediation sessions for settlement with my ex-wife. Basically between her lawyer and mine, he used up the $2000 and racked up another $5000 by July, plus I was paying support payments, and he never hired private detective. He then demanded on a Monday immediate payment of $2000 by Wednesday, or he would quit as my lawyer. I offered him $1000, on Wednesday and $1000 on Friday which was my pay day. He refused it. I was force to get another lawyer. I refused to pay him any additional money. By the way, the new lawyer immediately got the magistrate to issue court ordered mediation sessions. The divorce was settled quickly thereafter.
In October 2009, the lawyer filed a lawsuit for $5300 against me. I filed an answer to the court, denying I owed him the money based on 12 items listed and claimed recuperation of $16,800 in damages from the lawyer. At the beginning of November, the lawyer was elected judge to the court in which he was suing me. In December 2009, the lawyer dismissed the case. Three prior to the dismal, the lawyer had called me and asked if I was going to file a countersuit. I said no, only to the extent of my answer to the court.
In January 2010, a new law firm informed me that they had bought the law practice and the accounts. I told them I did not owe them anything, they disagreed. This lawyer has since become a chief of police, and sold his law firm. This law firm is now suing me for $6500.
My answer to the court was the original lawyer had no right to sell a publically (court answer) disputed account to another law firm. He sold the account with full knowledge that I disputed his claim and that if he tried to win claim he would lose. My claim is that the law firms bought a misrepresented account from the first lawyer and need to seek restitution
from him not me.
So now I am faced with trial on Monday, and the option of hiring a lawyer tomorrow for a $1500 retainer, to get a continuance and either negotiate a smaller amount for me to pay because I cannot win, or to fight the case for me. If I cannot win, fighting case with the lawyer seems a waste of money, except in phone consultation the lawyer states he thinks he can get amount down or maybe win and second it is bad idea to go in without a lawyer. I feel confident in my ability to present a case.