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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88184
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I filed a complaint against my ex lawyer with the state bar

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I filed a complaint against my ex lawyer with the state bar and they acted as if they were going to d something but haven't. The local agent won't respond but the state agent says my complaint is active. It's been 10 months. They haven't dropped my complaint so it's valid but I feel it's a good olé boy network protecting their own.

What other avenues may be available to sanction my ex lawyer
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me what is the basis of the complaint, and, have you considered a malpractice suit?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

yes I'm headed towards a malpractice suit.


 


My ex spouse filled a show cause hearing for PSS, however, she was cohabitating but denying it.


 


I hired my lawyer three days before the hearing and he said on the day of the hearing to sign an order to pay PSS because he would file the next week to fight the cohabitation. He filed papers the next week but none to challenge the PSS. That was August, in January they gave him the banking records we asked for in August. In March I said where are the banking records as you still haven't filed to challenge the PSS. I found they had a joint banking account paying power, food, phone, jewlery, etc for the both of them. He had never looked at the anking records. After I showed him what I found, he said that's a slam dunk but he still didn't file.


 


So I'm paying $1,000 a month because he wont file! His delay cost me a lot of money. He was paid in full. To this day I don't know why he wouldn't file. I stopped paying, as he said to stop paying her. I get held for contempt, he gets a motion to compel because he didn't answer their requests, then the day of court,we agree on what we owed, not to pay it but what we owed he tells me he will file the next day and he did. 18 months went by. he filed a motion to not represent me the next week and I represented my self to a divorce with your help and some others, two weeks later. I got her to agree to a divorce by telling her that she would have to lie in front of a judge about cohabitation and if she ever lived with him it would still be cohabitation, it wouldn't go away with a divorce. She couldn't have my money and his. She gave in.


 


 


 


 


 


 

Expert:  Ely replied 1 year ago.
Thank you, H.

Understand that even if the Bar does do anything, it generally will basically involve admonishing the attorney privately, or possibly publicly, but that is about it. In other words, it is not going to resolve the underlining issue of their mismanagement of your case.

As such, one may wish to consider actually pursuing malpractice. Malpractice is defined as such in NC: (1) the standard of care; (2) breach of the standard of care; (3) proximate causation; and (4) damages. Failure to establish sufficient evidence on any one element entitles the defendant to a directed verdict. See Prosser, Law of Torts, § 30; Lowery v. Newton, 278 SE 2d 566 - NC: Court of Appeals 1981.

So one would have to show that the attorney owed a duty of care befitting an attorney/client relationship and that he has breached that duty, causing one injury.

Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88184
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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