On someone who reach me today,for emotional support,encompassing if warranted review her doc(s)and just go over with her,my own consensus;help her find lawyer,so i,as always told her i am going to get on here to see what i can learn the "facts"and law on this.
here,are the set of fact(s)feasibly legal malpractice.
1.)She was bless on her own to find at least"1"attorney after she interview,by via email and phone get this,paul around 52 i've counted on her notes;documentation etc.all who said, that your not able to "sue"cps.
2.)person i will call "Tina"is distraught today,she was even at the E.R.from such handling and what happen today.
3.She prior,had call attorney to "verify"and see just how her lawsuit against cps is coming along,by deadline May 1st!(less than 1 short week away paul. . .
4.Attorney shockingly calls her 1 hr and a 1/2 ago,citing"premise on the fact"she has 1
non-criminal (civil family court)1 incident of a light discipline act,the spanking on record
a"finding it is called"in nyc/nj tri-state,he "during reviewing the APPEAL decision"can't do
5.Tina,in shock adage, but we have a agreement.Your promising me,"I will get this all filed
and properly framed"for you,don't you worry tina,it will be implemented by end of april,in
time for the 1st of May file;pursuant to the warranted AMEND-Claim for money damages.
6.Tina,told me paul,heather he inform her today"I can't do this."He then started screamin
odd statements,that has nothing to do with anything,almost like he was attempting to think of a way to"Get out of it,since again he did agree paul to drafting her amend suit complaint"due within few days!(She said finally he calm down a bit,when she brought up the fact,he promise her paul,and deadilne is in few days only"
Your going to have to do it yourself,now and or find another attorney!
When she yell,"in few days???"a suit of this nature? how can you do this to me
and sadly,he was trying to say well,"i never really sign anything to REPRESENT you."
PAUL here is what i see supporting feasible malpractice:
He claim,toward end of conversation,he never really said he will represent,assist her but;
she was smart.It is on tape paul,legal to record a "1''party convo,in state paul.
b.Attorney who signed-on,through"verbal oral agreement'clearly identified,"each claim"and
in furtherance paul,"he writes memo/notation for her!"regularly!He also did 95% of it for
her!So how can he attempt to now say,"i am not able to represent you"and i did not ever
agree to it,and "my paralegal maggie,and i really didn't do any work,involving this suit."
Paul,again i've seen the draft.Trust me...He did it!(BTW,it look great,like how well i write)
as a certified decade and a 1/2 strong,prowess-paralegal,so he did it,and or maggie sir.)
his secretarial/paralegal.I think he assume,she was not astute enough to start looking at this as feasible malpractice,hence my question is clear.
Is this feasible mal?
what should;and or can "tina do?"
I've suggested first to:
1. Reason with the man late 60s,who allege is a 25 to 30 yr.seasoned,skilled attorney & should understand her,plight,and premise on such he agreed because of her fight,and her time left(few days)he signed on verbally to implement,he promise on recording it will be DONE.but yet paul now is "backing out."without ANY Reasonable explanation,(see above)
2.Call him back,(after her physician clear her from E.R.)to do so,and try to explain your goin to also sign a bar complaint,and sue him,if he attempt to leave her hanging days paul before court!(a amend has to be file by may 1st paul...)
3. I inform her since i can relate to such (from family member)2004.i inform her back then my family member was able to convince him,to do what he promise,to avoid a lawsuit and bar complaint(s)
But paul after reading all of the facts here, with tina,this is somewhat legal mal or no?
NOTE:i called one attorney per her hired-request,for me to call lawyer(s)online and off
search for her,and i know one already cited,YES it is LEGAL MAL,but he is trying to find a atty.for her,through me her advocate/referral guide,because he going to L.A. on trial for personal injury
TODAY,in three hours.he said,IF SHE HAS ON TAPE conversations(12) and
moreoever,importantly"tape going over the case as if he was representing her by saying so and the DRAFT AMEND then yes that will increase her chance,at a valid claim.
ok TAKE UR TIME,i need a full good answer of fact on this,IF your warranting add'; info
i am here!
(((she is still at E.R. her co-worker inform me earlier)because the"shock of this"she got a heart pain,only early 40s,and no history of heart prob,it was i believe the shock of it all.
her deadline is in few days,and no 1 is able to help her,after she rely 100% on attorney i will call "bob."