I went to Bar Court to help the state bar in their prosecution of an attorney who stole money from a relative. I testified. I went home. The attorney at the bar court sent e-mails to his staff, who in turn accidentally forwarded to me about travel expenses and in these e-mails he said I was "crazy". Then, when the case was finally settled by the bar court Judge, she suspended this attorney for two years but said I was part of a ruse with this attorney to take money from my relative, which was a lie, because this attorney cheated me too. I called the chief Judge at the state bar and reported his prosecuting attorney who then called him in. I think this prosecuting attorney, my former attorney, and the Judge, who has also a record of malpractice at the state bar, threw me under the bus. I want to know if I can sue my former attorney and this prosecutor at the state bar for libel and defamation, which could cost me economic damages. Thank you.
Country relating to Question: United States
I just got the news tonight, so nothing yet, but I will do something.
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so. To answer your question, the likely answer for a successful suit is 'no'. Here is why, and please do not blame the proverbial messenger.To prove Defamation you must show 4 factors:1. a defamatory (untrue) statement2. of or concerning the plaintiff (you)3. communicated to third parties4. caused damages, expressly financial damages.Truth is the ultimate defense to defamation. Opinion is also generally a bar, meaning that if he called you 'crazy' as an adjective, as in his personal opinion, it is not likely defamatory. Similarly, there is an argument that since he accidentally emailed you but instead spoke to his own firm, that is not an outside individual so there is valid grounds to claim that no third parties were informed. Finally, it is hard to point out financial damages that stemmed directly from those statements especially if those damages did not take place yet. It is possible, but very difficult.As for suing the prosecutor, that is not possible because such suits are barred. Otherwise whenever anyone is prosecuted for anything, that person can be sued in return, and under public policy grounds those petitions are generally limited. Please understand that I am not defending any of the parties, merely giving you a legitimate opinion as to your chances.Good luck.
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Dimitry: This was a probate case. I accidentally hired a crook who was in trouble with the state bar unbeknownst to me and was in the process of being suspended. He gave me advice which I took but I thought it was legal advice. He went to bar court and told the court that I was in on coming up with a ruse to foil my relative. This is a lie. This was of his making. He ripped off $10,000 from my relative with out me being involved at all. He did not repay my relative. I took nothing from the relative. And the attorney got in trouble with the state bar and is being suspended for two years and to gain the sympathy of the state bar he blamed me, and the state bar has put this BS up n their website. This makes me liable for a lawsuit! Plus, the attorney told the state bar that I was crazy - and I had been under the care of a psychologist for PTSD - but I am not crazy. I should not have gone to the bar court to help my relative without taking a lawyer. Now look what happened. Plus the lawyer who is lying had his wife as a witness and she is a total liar like her husband.
Thank you for your follow-up.I am sorry, truly. As someone who represents probate clients, I personally find it one of the most responsible representations as it involves the wishes of someone who cannot do it herself, but also because the risk of possible Fraud and Embezzlement is so high. It is despicable as to what you have gone through.I misunderstood, I thought that when you stated that he called you 'crazy', it was a private correspondence. If this was public, then I do see that you may have grounds to pursue him for defamation, but the answer pertaining to the prosecutor remains--it is not his responsibility if the attorney's Testimony was found to be more persuasive. I will still caution you that winning a defamation suit is extremely difficult, and if you choose to pursue it, you would likely need an attorney AND one who is not working on contingency. Other than a negligent infliction of emotional distress claim, defamation is the hardest to successfully pursue in my experience.Good luck.Dimitry Esquire41097.3514780093
Dimitry: I think we can finish this up after this. I was a good samaritan. My relative asked me to step in and be her Power of Attorney. Her adult children had abandoned her. When she passed away, I hired this no good attorney. The adult children were the benefactors in the will. He made it sound like I was trying to shaft her two adult children, when actually he is the one who did it. I am not ordered to pay anything because I did not do anything but he says this crazy relative me - put him up to it, and apparently he lied so much at bar court he has damaged my reputation. It hurts my reputation by having this on line on the bar court website. So, yes, I am experiencing economic damages every time this attorney's name is XXXXX XXXXX on the state bar website. Then you see my name as an acused conspirator and the bar court said they agreed with it! This attorney has been suspended before - this is not the first time - which I found out after I hired him! The idiot prosecutor is the one who sent me e-mails by Accident calling me crazy. Yes, I will see an attorney - I am on the west coast. What type of action would I ask the attorney to pursue based on this information I have provided you, if anyone will take this case. I am fuming. Thank you.
Thank you for your follow-up and you are most welcome.Other than a potential defamation claim, the other claim would be against the attorney directly, or possibly against his Liability Insurance, for the losses (meaning what he stole without cause). You can pursue him for breaching his fiduciary duty and then if you prevail, providing those assets to the actual beneficiaries. Most attorneys carry insurance specifically for situations such as this.Good luck.Dimitry Esquire41097.3632056713
Thank you Dimitry. I am going to give you an excellent. My relatives must think I was in on this and I was not and I will file a claim against him on their behalf and defamation for me. If that is what you mean, that is what I will do. Thank you for helping me tonight. I cannot sleep I am so upset but I think I can now.
Thank you for your follow-up, and you are welcome. Sorry that you are in this predicament.That is essentially correct. If you are the executor of the estate, you can, on behalf of the estate, file suit directly against him for the damages. For that you may want to consider a malpractice attorney for help.As an aside, please get some rest. I realize that you are fuming, but until Monday you would not be able to pursue this anyway...and frankly the other person does not deserve to control your demeanor and your good-will in such a manner. Not worth it. Good luck.Dimitry Esquire41097.3684475694
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin
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