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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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I just paid TWO MILLION DOLLARS in Legal Fees over a period of six yea

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I just paid TWO MILLION DOLLARS in Legal Fees over a period of six years. My lawyers did not think of invoking NJ Rule 4:58, " Offer of Judgement, " even though we made several " settlement offers." Had they done so my legal fees would have been paid by the plaintiff. Do I have any claims against my lawyers ...and how should I proceed ?
Submitted: 2 years ago.
Category: Legal
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
I have only received a note saying more info is needed but no specific questions are asked for me to answer.
Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  N Cal Attorney replied 2 years ago.
Did your lawyers ever discuss the pros and cons of making an offer of judgment with you?

How large was the difference between the verdict and your last settlement offer?
Customer: replied 2 years ago.

My lawyers NEVER even mentioned the term " offer of judgement " despite the fact I inquired to them regularly, " how could this be happening ? " They were extremely emphatic ; " Jim, you must settle or fight the case in court."

 

We offered $ 500,000, plaintiff wanted $ 1 MILLION. PLAINTIFF WAS ONLY AWARDED...$ 141 K, as severance pay...and for some reason, the judge ruled he did not have to pay a Note for $ 150 K, that he owed me....which really had nothing to do with the case and was a separate issue.......So, even if all is combined....although it should probably be kept separate,..... he only won $ 291 K, less than 60% of our offer.

 

As I read, NJ Rule 4:58, he would had to have won at least 80% of the " Offer of Judgement " to win.

 

I look forward to your response.

 

Thank you,

 

XXX XXXXXX

Expert:  N Cal Attorney replied 2 years ago.
I think it was malpractice not to tell you about the provisions of 4.58, see
http://www.judiciary.state.nj.us/rules/r4-58.htm
even though there is an argument that 4.58 might not apply if plaintiff sued for cancellation of a note in addition to suing for damages.

You can ask for fee arbitration, see
http://www.judiciary.state.nj.us/oae/fee_arb/fee_arb.htm

Also, you can get a free consultation from some of the legal malpractice attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Legal-Malpractice/New-Jersey

The fees seem excessive to me in light of the amount at stake. It seems excessive for the lawyers to charge you double what the plaintiff was demanding.

My opinion is that fee arbitration would be appropriate, but only a local attorney can give you legal advice.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8187
Experience: since 1983
N Cal Attorney and 18 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your honest opinion. It has been difficult to get an atty to be so honest .


 


I have also just sent another question with respect to the sames case, can you please answer that question also.


 


I look forward to praising your assistance.

Expert:  N Cal Attorney replied 2 years ago.
Thank you for accepting my answer.

I don't know why, but it looks like your other question was locked by the moderators. You can contact customer support through email, telephone or chat at
http://ww2.justanswer.com/help

I will also notify customer support of this.
Customer: replied 2 years ago.

I really wanted your answer on my other question but it looks like it may have been referred to a criminal atty, possibly because it was of a criminal nature but the GIST of the question was regarding malpractice and abuse of process by the Bergen County Prosecutor's Office ( BCPO )...with respect to malicious prosecution.


 


I am really desparate. If you can track down and answer that question, I would greatly appreciate it. I really appreciate your help so far and I wonder if you know any legal malpractice attys in NJ ?


 


Please help,


 


Jim Cunningham

Expert:  N Cal Attorney replied 2 years ago.
I am sorry but your other question is still locked.

We cannot recommend a specific attorney, but you can get a free consultation from some of the legal malpractice lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Legal-Malpractice/New-Jersey

I will again ask Customer Service to unlock it.
Customer: replied 2 years ago.

I read in the Rules of Professional Conduct...RPC 3.4 Fairness to Opposing Party and Counsel...A lawyer shall not :


( g ) present, participate in presenting, or threaten to present criminal charges to obtain an improper advantage in a civil matter.


 


That sounds pretty clear to me, yet, that is exactly what happened to me.


 


My lawyers did nothing about it and even the Bergen County Prosecutor's Office ( BCPO ) stated to my lawyers that it was " easier for the prosecutor to try the case than try to settle. " Then, the BCPO said if we settle the civil case, he will drop the criminal charge....That certainly sounds like extortion to me.....and I thought the BCPO's job was to seek justice , not to do "what is easier for them." The BCPO was simply intimidated by allegations hailed at them by the alleged plaintiff who threatened " to shine a light on the BCPO. "


 


RPC 4.1. Truthfulness in Statements, RPC 8.3. Reporting Professional Misconduct and RPC 8.4. Misconduct...each clearly state that Misconduct should have been reported to the appropriate professional authority...including the plaintiff's lawyers and the BCPO, yet, they all seem to be enjoying their little abuse of process circle....and disregarding the rights of the general public.


 


Please advise what can be done about an overzealous prosecutor and lawyers who are out of control.


 


Thank you

Expert:  N Cal Attorney replied 2 years ago.
You could file a grievance with the Office of Attorney Ethics, see
http://www.judiciary.state.nj.us/oae/atty_disc/atty_disc.htm

I do not that you have any other open questions on this web site.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8187
Experience: since 1983
N Cal Attorney and 18 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 2 years ago.
Thank you for accepting my answer.

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