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 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.
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 ?
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.
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