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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92698
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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IF MY LAWYER KNEW OF EVIDENCE THAT WOULD DESTROY MY FINRA CLAIM,

Resolved Question:

IF MY LAWYER KNEW OF EVIDENCE THAT WOULD DESTROY MY FINRA CLAIM, BUT DID NOT DISCUSS IT WITH ME UNTIL 2 WEEKS BEFORE ARBITRATION, ITS A TESTIMONY WRITTEN- THAT SAID I DID A CERTAIN ACT A CERTAIN DAY THAT DISCREDITS MY CLAIM- DID SHE MISREPRESENT ME, IF I HAVE TO DROP CLAIM AS A RESULT AND PAY MY LAWYER AND RESPONDENTS OR EVEN JUST MINE FOR THE LAST YEAR OF WORK?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question and for asking for me.

If an attorney knows of evidence that defeats a claim they have a duty to their client to tell the client that as soon as it is discovered that it will destroy the client's claim. This does not mean they have to tell the client as soon as they see the evidence, it means as soon as the attorney finds they cannot overcome this evidence they have a duty to inform the client and this means they can take time to research the issue to see if they can come up with a case or some law or regulation that would allow them to overcome that evidence and as long as she can show she did this type of due diligence before telling you it would defeat your claim, she did not commit malpractice. If she did nothing to investigate how to circumvent that evidence, then her failure to notify you could be considered malpractice and make her at least reimburse you for any additional legal fees you paid her beyond when she discovered the evidence would tank your case.

Unfortunately, on discovery you have to turn over all documents pertaining to the case, even if it would tank your case, so she could not conceal it. Thus, it is up to you to prove she knew it would tank the case and she did not tell you and suggest voluntarily dismissing your case because of it and she continued to bill you without ever investigating to see if there were legal arguments around the evidence.


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Customer: replied 1 year ago.

Yes, ok about evidence of mine she provided, that makes no sense. but i understand your point.


 


the evidence in this case was a notation on a partner of the man i am suing, but this new evidence had me wrong on dates I claimed and I have no evidence to fight that. My lawyer said just my word.


 


but if this brings to light I need to withdraw as it ended my case really.


I just seen it 9-9-13 we never discussed it, She sent CD in May 2013


But I discussed all other evidence with her, this one came to my attention, having never been discussed, I have 2 weeks to arbitration, no evidence and now i look like I lied and I didn't.

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

Unfortunately, one thing you nor your attorney can really control is what physical document evidence shows. Thus, your problem aside from arguing that it was simply a mistake on the dates and that the document is the true proof of dates and not your memory as human memory can be faulty (not that you lied) is proving that even your attorney saw it since you too missed it. If this date truly does end your claim or defeat your claim, wait to arbitration and force the other side to bring it up (they may miss it too). If they have caught it though and it does defeat your claim, then voluntary dismissal of your claim is your best recourse to avoid being assessed attorney's fees.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92698
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law