If I the "respondent" accepted the protective order against dating violence against me on the basis that my attorney told me that if I did not that the "petitioner" threatened to charge seperate criminal negligence charges against me for damage I did to his vehicle if I fought the restraining order. I was advised by attorney that it was a good idea to accept this bribe and not give my side and accept order of restraint. I did this and now found out this was not true and the release for criminal intent was signed the week prior and my family came up with this to push the restraining order through. Is this legal or ethical?
State/Country relating to Question: Florida
Good evening! I can help you out with your legal question tonight. It depends on if the lawyer knew about it and whether the release for criminal intent would not have been filed without you accepting the protective order.
Just because it was signed, does not mean it was completely executed. There are many documents that are signed but not filed until an agreement is made or a plea accepted.
So the lawyer is likely protected so long as the Petitioner did not file criminal charges. A judge understands the deals and agreements and would side with the lawyer.
If your family lied to you, then the lawyer will be off the hook. Unless you can show that your lawyer misrepresented the facts to you, then you won't be able to go after the lawyer. If you can show some concrete evidence that the lawyer deliberately misled you, then you could bring suit and collect against the lawyer's malpractice insurance.
I understand what you are saying. It will be more on the misinformation that the attorney shared if you move forward. I would suggest talking with another lawyer about appealing the order, but you'd have to do it quickly.
Don't go to your last lawyer, but choose another one.
Yes, I would suggest going to another attorney to appeal the order.
You can have someone else talk to the petitioner and let you know. The person just can't say that you sent them to talk to him/her.
If you are sure, then appeal and file a malpractice claim.
Did you have any other questions? If not, please accept so that I can continue to help others.
Have a good night.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).