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Hi, The case was a real estate deal he sued us for, and a contract collection case.
He not only represented me corporately but indiviually as well. My wife was a legal secretary for that firm for 7 years. We did 85 real estate transactions with his former firm and while he was employed there for 4 yeras we did over 6 million dollars in transcation with his firm.
He represnet me in a case in 1991 and he left the firm in 1994.
It was a different matter.
He never revealed his alias nor did he request a signed written consent waiver.
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The CT general Satutes stste Rule 1.9 (a) (b) that no lawyer can sue a former client withiout a signed consent form.
No lawyer can sue a former client of a firm that that lawyer may have worked for.
How can anyone get around the Ct practice BOOK?
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.
(b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client
(1) whose interests are materially adverse to that person; and
(2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter: unless the former client gives informed consent, confirmed in writing.
(c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:
(1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or
(2) reveal information relating to the representation except as these Rules would permit or require with respect to a client.
Please read a Just answer reply sent to me april 2012 by your company
And where does it become necessary for an attorney to obtain a signed written consent form?
In April 2012 Just Ask stated a contradiction to me as to the meaning of rule 1.9.
Both cases where in the construction industry and both were contract law. And even if he simply was employed by our former firm while that firm represented us he could not take the case without a signed written consent form, is the way I would read it.
Where we feel the confidential information comes from is that my wife and I have been very successful “in the past”. We started our business and real estate buying in 1970. We became major clients of the prior law firm we were with. This lawyer was the first cousin of the principal of that firm, until he got fired…….So he knew first hand as to our successes.
The principal of that firm appointed me to a Bank advisory board of HIS BANK while this lawyer was at the firm. I would think that the attorney, who sued us, sued us because he knew of our wealth starting in 1971 and thought that he could extort a payment rather than have to try the case.
This lawyer had a one man office, him, and his practice was failing at the time he took the case. In the middle of this case he was evicted from his office for lack of rent money. He has since folded his practice. He sued us from desperation.
When we discovered he was our former attorney and was confronted by our motion to open the judgment, he called our attorney and attempted to get him to lie for him by saying that this issue was raised years before and was settled at that time. Of course our attorney wanted no part of that and wrote to us stating so. If the lawyer thought he wasn’t doing anything wrong why would he have done that?
You should also know that one of the Appellate judges, who ruled in a previous appeal, in this same case, recused himself from the panel when we raised this issue of a conflict of interest. We would like to think the Appellate Judge disagreed with the other two judges and wanted no part of their decision to rule in favor of the attorney.
Idea: Rather than waste time in the Supreme Court, what do you think of suing the plaintiff and the attorney for the conflict of interest as an entire new case? I am sure he will use the findings of the courts in this case to his advantage and move to a summary judgment, but maybe a new set of eyes may cause the new suit to grow legs, what do you think of this approach. This jerk sued 3 LLCs and my wife as well. He lost on all counts as to my wife but she owned all the LLCs he tied up. She has lost over $9,385,000 because of this lawsuit and was sued by her former attorney.
PS: This lawyer I am corresponding with you about is a disgrace to your profession.
this case is even more compliacted beacause they found a judgment against me for $640,000 but allowed liens on my wifes' property but she was found to have no obligation to the plaintiff. ????? yes
How about a removal to the US District Court based unpon an unlawful action and whatever else can be created?
If the decision has already been handed down by the State Supreme Court, the only way to appeal it further would be to the US Supreme Court. But even then, they only review the previous case for legal errors, not hear the case all over again. And they only hear cases that present substantial "federal questions", usually where a constitutional right has been denied in the state courts.
My Wife' LLCs: I had no ownership of any LLCs, I was the manger. My wife was the member. The court said I was the alter ego of the LLCs - “that I did not own.”
When the Superior Court ruled that my wife had no obligation to the plaintiff, they appealed and the Appellate Court upheld the lower court, he then applied for Certification and the State Supreme Court upheld that she had no obligation.
BUT, they allowed a $640,000 judgment lien on property owned by my wife's LLC. I have been arguing about this decision being unlawful and a flaw. How can a judgment be secured by an innocent person's property?
The US District Court should hear this, especially before she losses these properties but to remove the case, its too old, should it be on a questions to the Federal Court. Is 28 USC section 1331 the correct rule it falls under?
(Recently the Judge who came up with this decision heard that my wife was going to loss her properties and it was because of the lien and the entanglement in a lawsuit that he found her to have no obligation in. You should have seen his face when heard the facts, due to his error. He wants to have a hearing involving the foreclosures on these properties and I am thinking this would be the perfect way to open the door to a correction, but don’t know the most effective way.)
Thank you for this continued conversation. I don’t have to tell you that this ordeal has financially destroyed us.
I just found out this weekend that the Superior court switched one of our foreclosures from a sale to strict after the Appellate Court handed down a decision that the property had to be a foreclosure by sale. Is this contestable? and is it a true violation?
All of these nightmares stem from the one case of my wife’s properties being attached. When we remove the main case to US District Court for the unlawful court decision can we stop the foreclosures as well through removals of those cases until the US District Court deicide in the this case we are bringing to them.
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It is apparent we need an attorney but because of this mess dropped on us we can not afford one. We have been preceding pro se and although we have managed to delay the matters for some time it seems no matter what we confront the courts with, they will not allow pro se defendants to succeed. We are not trying to delay we are trying to get a fair shot here.
I read your last paragraph and understand it, but it is our opinion no court handling these matters is going to grant relief until the Federal Court decides the questions.
I raised USC 1331 before and if we filed a removal of the cases based upon questions, is there a way to word that removal based upon the merits of the question to stop the foreclosures through a Stay?
And if the US District Cout denys the removal of all the cases remain entanggled in appeals, eventually getting to the Supreme Court and being stayed that way?
Finally, it seems you are the Federal Court expert. Is there a way that we can request you to get our questions answered, or can we make arrangements to hire you as we need question answered?
Recently I filed a removal to US District Court it requested a consolidation of cases, a stay, removal, and questions. I think the court spent an hour on it and denied the all requests and specifically listed them as I made them, shown above.
I filed an appeal in the 2nd District Court and I would think that our appeal covers the consolidation, the stay, removal and questions. Is that correct that all these issues are now part of the one appeal?
I want to thank you and Barrister (please tell him) so much for all your help. We pray that along the line one judge reads our request and sees the injustice.
Today i am told that the plaintiff is moving forward to set a new sale date in this foreclousre even though i filed an appeal on May 24, 2013.
Is there a stay on this Federal Appeal appeal at the 2nd District Court preventing the State court from proceeding? or Is it up to the State Judge to decide? I see many different articles it is very confusing.
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