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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88677
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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paul mjd This isXXX@XXXXXX.XXX. I am moving on to the

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paul mjd This isXXX@XXXXXX.XXX. I am moving on to the next phase of this "lawsuit pair" and am going to use counsel but before I go interview lawyers I have a number of questions. I hope you will be patient with me. First I will deal with MI questions. If I file a bar complaint (which I may do myself) can I also file a lawsuit? Several years ago I was consulting and one of my clients sued an employer for back wages and went through the state agency so I want to make sure this will not happen again.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question and asking for me.

Yes, if you file a bar complaint in either AZ or MI or both, you can still file a lawsuit against the attorney in the proper state as well. So you can file the MI bar complaint yourself without an attorney and can also file a civil suit. However, most attorneys taking on legal malpractice suits prefer that their clients do not file their complaint first because they do not want the client to mistakenly say something in the bar complaint that could harm their legal action. Thus, it is usually best to get a malpractice attorney first, before filing the bar complaint.



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Customer: replied 1 year ago.

I am going to get an attorney first even if I do the bar complaint first and s/he can check the complaint over but that is good advice. Now question number 2. What is the statute of limitations for filing a bar complaint in MI?

Expert:  Law Educator, Esq. replied 1 year ago.
The statute of limitations to sue for legal malpractice I provided you earlier, but it is 2 years or within 6 months of discovery if it was concealed and not more than 6 years from the act in MI. In Arizona it is within 2 years of the act, but the courts in AZ do allow for delayed discovery of hidden acts.

The same statute applies to a bar complaint as a lawsuit.
Customer: replied 1 year ago.

In AZ what is the allowance for delayed for a bar complaint? I do have the date these acts were discovered. The reason I asked this question again is this is a bar complaint and not against MY attorney nor MY HUSBAND'S but against opposing counsel so technically it is not a MALPRACTICE COMPLAINT. Is the statute the same when these are not against attorneys representing me and also representing my husband; these are BAR complaints not mailpractice complaints? AGAIN THE BAR COMPLAINT IS NOT A MALPRACTICE CLAIM; IT IS THAT THESE ATTORNEYS, O/COUNSEL, HAD CLAIMS THEY KNEW BEFORE FILING WERE FALSE IN SOME CASES AND IN OTHER CASES WHEN THEY UNDERSTOOD THEY WERE FALSE FAILED TO TAKE THE CLAIM AWAY FROM THE COUNTS. (I settled mine pro se in a walk-away and he is under appeal but everyone think he will win the appeal).

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

There is no AZ delay for a complaint in malpractice, it is 2 years from discovery, that is it. The claim in AZ though, because it is a third party attorney is for "malicious prosecution" and not malpractice and that is 2 years from the date the case in AZ was dismissed or closed with those false claims.
Customer: replied 1 year ago.

I get the malicious prosecution but that is involved in my next question. My question here is dealing with bar complaints in both MI and AZ. There are clear discovery documents which conflict with the counts and testimony and attorney arguments that conflict with the discovery documents. This is very clean. That is the basis on which I am making bar complaints against opposing counsel in both AZ (on behalf of husband) and MI on behalf of myself. I have read case law (or technically findings) in both states and I can file bar complaints against opposing counsel. I just want to make sure before I go interviewing lawyers that I myself am clear as to the statute of limitations for these bar complaints. I am assuming from your responses that the statute of limitations against bar complaints which are not malpractice complaints but opposing counsel complaints are the same as for lawsuits and malpractice claims. I figure if I file both within two years of the discovery of these I should be safe. Is that right?

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you can file the bar complaints against the opposing lawyer with the bar.

If you file both in 2 years you are within the time where you are safe as the bar complaints follow the statutes of limitations.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88677
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Great. I figured that was correct but I wanted to make sure. Now on to my last cycle of questions. My husband has a pro se complaint before the Court of Appeals for the 9th district dealing with one area where his bankruptcy was not discharged. It was nice because he could actually bring up new issues which were not allowed if he had an attorney representing him. We have taken this appeal, after filing, to 5 attorneys (because we could not get that kind of input before the filing) and they all believe that the appeal will be granted. The attorney of record for him screwed up that count but as long as this goes through (he corrected this) it's okay. It'll be easier to prove the counts that were levied with knowledge they were false, etc., in his case. Anyway, the Bank (the Plaintiff) may not go to oral arguments before the Court of Appeals. If they do not does this mean he gets his discharge automatically? There was some judicial error here but mostly the attorney didn't argue it correctly (I mean a blatant error which the judge jointed out) and the points were correctly argued in his pro se brief. I know you cannot answer 100% but I was wondering in your best judgment would this discharge, be sent back to the original finder of fact with instructions, or ??????? Based on your knowledge your best assessment.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

If the bank does not show up for oral argument at the appeals court, then the appeals court will take the matter and review it based on the transcripts and records from the court below and the memoranda submitted by the parties on the appeal. The court does not need oral argument to rule on a case. It all depends how strong the plaintiff's appeals brief was as to your husband's chances on appeal, but if the fraud is obvious and you had evidence, then your husband's chances are good on appeal especially if the plaintiff does not show up for oral argument.
Customer: replied 1 year ago.

Good answer. I think what my husband is going to do is do a separate lawsuit for fraud apart from the appeal process. The appeal was filed (the last brief) in February of 2013. Do you have any idea how long it takes for a ruling? I am concerned if it is over 2 years to lose some rights. Again, just your best estimate.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Generally, an appeal can take anywhere from 6-12 months to be ruled upon, it all depends on how busy the appeals court is when they receive the appeal.
Customer: replied 1 year ago.

That is good news also. Just right. In AZ (non-bankruptcy) one has to win a case in order to put a count of malicious procecution. I have many mitigating circumstances (recovery from surgery; on pain pills; threats) but my question is to make it simple does a walk away with the attorney not included in the docs allow for malicious prosecution too? The underlying fraud is there but I was wondering about the malicious prosecution. I had my limited scope attorney prepare the basis but I am not sure about the walk-away or if I will have to depend upon the mitigating circumstances. It would be nice if these would just be fluff and I could count on the right to do this via the walk-away.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question.

The fraud would make it malicious prosecution, if you prove the fraud. If you walked away based on fraud, then this would be part of your claim as that would be considered coercion, since you were made to walk away based on false grounds.
Customer: replied 12 months ago.

perfect. Does the same criterion apply for MI and federal claims potentially? I think the claim will be brought in federal court but if it is dropped back for juristictional purposes I want to make sure I cover all the bases. These people are really aggressive but pretty scared right now. My point is this will be difficult to explain to a lawyer when I do the interviews and I want to be as specific as I can be. I know they will do their own rechecks but I want to sound marginally intelligent. Ha!

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your response.

Yes, under both MI and federal law, fraud or lying to someone to get them to make a deal this is called coercion. You need to explain how they lied to you and used false information and fraud to get you to sign or walk away and make it clear you would not have done so had they not engaged in illegal tactics against you.
Customer: replied 12 months ago.

To be clear: with the walk-away I will need the other arguments too in AZ, MI and federal courts. All basically the same criteria??????

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your response.

Yes, if your claims against the attorneys in both jurisdictions are essentially the same regarding the walk away, then you need to have the other arguments as well and the criteria or elements are essentially the same in all of the jurisdictions.
Customer: replied 12 months ago.

The reason sometimes I keep repeating things to make sure I get it is I sitll am on those pain pills (narcotics) and sometimes I get things screwed up. In this case I eliminated something essential so I will frame that question again and I want to be clear if there are material differences in federal court and MI with AZ that I know those differences. From my legal google it appears there are no material differences so unless you specify otherwise I'll assume the standard is the same in all three courts (AZ, MI and federal). Here is my clarification(s): I did not "clear" the MI attorney in the walk-away because he is the one that caused the problems. The bank was okay and indeed will probably sue him for malpractice at the same time I move forward but within that 2 years. The AZ attorney should have known better but it would have been difficult to work in the walk-away without him. He understands the MI attorney may do an underlying claim against him but that is not my problem. The Defendant has to win a case for willful prosecution in normal circumstances in AZ. My question (remember I'm using an attorney and beginning the interview process but want facts as good as they can be) does the Defendant have to win the underlying case unless there are mitigating circumstances in this type of lawsuit that results from a walk away? The fraud can be the lying about the counts and I can make this specific without the willful prosecution I understand but I want the willfull prosecution included initially if I can do this. Evidently this is a thin line but it can be done and anyway that is not my question to you Again, this is only against the MI attorney whom I did not indemnify or otherwise "clear." Question: without my mitigating circumstances I can bring the false claims - I know this - but can I also bring the willful prosecution when the MI attorney and his firm were not "cleared" but the underlying case was settled by a walk away? I will use the mitigating but just want to know how "simple" my original counts can be. Because after my last experience I am going to check everything over that a lawyer does for me before any brief is filed and want s/he to understand my premises before I attach myself to a specific lawyer. If this makes sense.

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your response.

You do have it right, there are no real differences in the federal court, MI and AZ for this type of case. You will have to prove your case in the walk away to prove you would have won had it not been for his conduct, not that you did win.
Customer: replied 12 months ago.

Perfect. Now, what is the statute of limitations for fraud in federal court?


 


I live in Pima County, AZ. The bank is located in Grand Traverse County, MI, which is also where the bank attorney that I am going after is located. There is no federal court in Grand Traverse County, MI. I will have to fly into Michigan. My son is a Delta pilot so I fly for free. It is easier to get to Detroit where there is a federal court rather than to Grand Rapids or Lansing, which just have commutor flights. I am going to interview attorneys in Wayne County (Detroit) as that would be my choice. Can I file in Wayne County this type of case? Again, nothing is set in stone; just your best opinion.

Expert:  Law Educator, Esq. replied 12 months ago.
The statute of limitations in federal court for fraud will be the same statute of limitations from the state where it occurred. The federal court borrows the state statute of limitations on this. MI statute of limitations for fraud is 6 years from date of the fraud and AZ is 3 years.
Customer: replied 12 months ago.

The second portion of the question (you may not have seen) was where I can file. I live in Pima County, AZ. The bank is in Grand Traverse County, MI. The federal courts in MI are in Grand Rapids, Lansing and Detroit. Grand Rapids is closest to the bank. I want to file in Wayne County while would be in the Detroit area. The lawyers I am interviewing are in the Detroit area (or will soon be interviewing) and the airplanes are all computers out of Detroit so it would be easiest to file in Wayne County. Is this possible? Just your best opinion; I know nothing is placed in stone here but your best opinion.

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your follow up.

You can file in the federal court in AZ under diversity of citizenship if your case is worth more than $75,000, since the other party is from MI. If not you would file in the MI state court where the company's main office is located.
Customer: replied 12 months ago.

So I cannot file in Michigan in federal court even though the bank is located there?

Expert:  Law Educator, Esq. replied 12 months ago.
You could file in the MI Federal Court, but you could also file in the Arizona federal court based on your diversity of citizenship and the fact this company did business in Arizona.
Customer: replied 12 months ago.

This bank did not do business in Arizona. It merely sued me there. So I can file in MI federal court? Let me repeat: the bank is in Grand Traverse County. Federal courts are in Grand Rapids (closest to the county), Lansing and Detroit. It is easier for me to get to Detroit and that is where I am interviewing lawyers. Can I file in federal court in Detroit? There are only commuter flights to Grand Rapids and Lansing; Detroit is easy to fly into.

Expert:  Law Educator, Esq. replied 12 months ago.
You would likely have to file in Grand Rapids if that is the district closest to where the business is located, since that is where all of the record would be located. Generally, the Detroit attorneys would refer you to the Grand Rapids US District Court because that is the district where the bank is located.
Customer: replied 12 months ago.

Okay; now to my husband's case. We have talked to several attorneys who believe that the appeal before the 9th Circuit Court of Appeals will grant him the discharge. He did this pro se which enabled him to bring new information before them. Do you think they will take arguments or send it back to the original court with instructions?

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your response.

Quite frankly, the 9th Circuit is one of the wackiest courts anyone can ever deal with and I learned a long time ago that you can never predict what they will do. However, what they should do is vacate the judgment and send it back to the lower court to dismiss or to sanction the attorney on the fraud issue in that case.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88677
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

I agree they are rather bizzare, that 9th circuit. Fortunately that seems to be working in my spouse's favor as they seem to have taken a shine to him an have almost acted as his advocate at times. Weird. Let's assume your best guess is what will happen. We have to bring the sanctions and damages, right? To if it goes to the lower court, he has to do those filings as an post-court action? If not please correct. If so what time lines do we have to do this?

Expert:  Law Educator, Esq. replied 12 months ago.
If they are advocating for him and being so lenient with him, I would guess they are going to vacate the judgment and send it back to the court with instructions to enter a dismissal. When it is sent back for the dismissal you file a motion for sanctions and you list your damages, which would be a post court action. He would file it within 30 days of the lower court entering the dismissal, but I wouldn't wait even that long and would file the motion for sanctions and attorney's fees as soon as you get the ruling from the 9th Circuit.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88677
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 12 months ago.

I agree.

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88677
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you

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