Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest
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I am sorry to hear about this.
It is unlikely that he has done any damage per se, since if the attorney really believed that they were acting on behalf of the friend, then they would have tried to fix
the issue, if anything. All the friend has to do is to call back (or visit) and explain that the attorney was never representing her.Disciplinary action by the bar assoc?Yes
, if she wanted to. Since he acted without her permission, he broke the ethical rules that attorneys are bound by. If she wished, she could file a complaint with the North Carolina State Bar - here
. The Bar may then investigate the attorney and even admonish them.What action can she take/file against him?
To sue in state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
The above complaint should be enough. However, if the attorney's actions caused permanent damage, then she could theoretically sue the attorney for fraud
She could not sue them for "malpractice" because malpractice requires that the attorney and her actually entered into an agreement. Ballenger v. Crowell, 247 SE 2d 287 - NC: Court of Appeals 1978
(general discussion). But, the above causes of action would do.IMPORTANT
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