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Thanks for your question and good evening.
You should not sign this release form if your intent is to pursue a legal malpractice claim against his lawyer.It is very possible the lawyer would seek to use the release against you in such a lawsuit. Arguably the language "arising out of this action" might encompass such a malpractice claim.You may choose to draft our own form or modify this one if you want to retain the right to bring a malpractice suit.The reason this is in the release is that the court wants the parties to agree to release any present and future litigation.
You certainly have a right to not sign this and to return to court if you have to.Alternately you can draft your own release and submit it to the other lawyer.You would want to reserve the right to bring a future claim for legla malpractice.
I was wondering if this only applied to the special civil case or would apply to any futer suits
Overall this release is pretty broad.Certainly they would raise it in say a malpractice claim and the court would have to decide the issue.But if you really believe you are going to pursue a malpractice suit I would not agree to such a release.
You have right to modify it and due a cover letter specifically setting out that you are not willing to waive your right to bring such a claim.Thanks again.
This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.
The agreement was a general form which the court supplies and I did end up signing it in the end. So I presume by doing so I cut myself off from being able to pursue a malpractice claim. I had assumed this document would have only applied to the case/docket number at hand and would not have prevented any other type of litigation.
Is it possible to file a malpractice lawsuit myself without the use of an attorney? Would I need to file in the same county in which I am in our can I file in another county this way I do not have to worry about requesting a change of venue?
You would have to file it herein the same county as venue would be proper there.And you can file a civil suit pro se on your own if you choose.You might be able to find a lawyer to take it contingent fee as well.That means you do not pay unless there is a recovery.
Thanks for the follow up.Good luck with your claim .You may also want to file a grievance as well.
You can do so here.
Office of Attorney Ethics handles complaints about lawyers in New Jersey. To file a complaint about a lawyer in New Jersey: www.judiciary.state.nj.us Lawyer Complaint Mailing Address Office of Attorney Ethics Mountain View Office Park 840 Bear Tavern Road PO box 963 Trenton, NJ 8625 Telephone(NNN) NNN-NNNN/p>