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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91810
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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IN YOUR OPINION, THE PROVIDED ANSWERS AS ACCURATE AS POSSIBLE

Resolved Question:

IN YOUR OPINION, THE PROVIDED ANSWERS AS ACCURATE AS POSSIBLE I ANSWERED, WAS I MISREPRESENTED?
AM I ENTITLED TO SEEK A LOSS OF MY COMPLETE CLAIM AS PUNITIVE, IF I SEEK A MISREPRESENTATION CASE FOR LEGAL MALPRACTICE?

your response, my answers:

Thank you for your response.
There is a fine line between making a mistake and perjury. If you were mistaken on the date and testified based on that mistake and later a document was found to contradict that, then it is not perjury.

ANSWER: (No that didnt happen, I was sure of date- the other party presented records, stating that these were business notes, so they are not hearsay, arbitrators would have found weight and even accepted, then my testimony would appear to be a lie)



They have to prove you knowingly gave a false testimony,

ANSWER: (Because, they are business records, the one partner was not named in the suit, he would testify as we know he will now, 2 weeks before trial, that they are in fact his notes -even though they have a hole that otherwise could be counterclaimed)

which it only would have been once your attorney showed you the document

ANSWER (She never showed me the document, just the discussion of it with the expert)

if you continued to testify to the contrary it would be perjury.

ANSWER: (YES, But as a result, I could not testify 2 weeks before arbitration, upon finding the document, I instead -lost a good claim, I now have no choice or second chance at disproving the evidence.)
they want "With Prejudice".

It is still not known how you, your attorney and everyone else missed this document, but you stated that everyone missed it until recently.


ANSWER: (no, the Attorney seen it, the expert seen it, they discussed it, showed me discussion, BUT I NEVER seen it)


If your attorney discovered it a year ago then they did have a duty to tell you then, but you have to prove when it was discovered to have a case for malpractice against your attorney to recover any additional fees you should not have had to pay had the attorney told you in a timely manner of the contradictory documentation.

ANSWER: (I can prove when it was discovered, My lawyer explain it that day- 2 weeks before arbitration. legal fees ok - but, NO, I AM MORE worried about My claim that was lost, that was for a lot of money!!)

At this point, if this document destroys your case,

ANSWER: (Yes, would inevitably destroy it tentatively in 2 weeks when I go to arbitration, and the minute the arbitrators accept it with weighted evidence)


signing without or with prejudice really does not matter,

ANSWER (It only matters because my case was destroyed too)


so to save costs and possibly the other party's attorney's fees I would suggest you get the dismissal over with, even if it has to be with prejudice.
It is the strength of this document against your case that needs to be evaluated.
ANSWER: (It was Business records,notations on account, not hearsay- but there was holes in the party who was partner, not named in claim)


You need to look at what this document, if taken as true, would you still have a case.
ANSWER: ( It was respondents evidence, it was true, because they both will say so, even though partner was not named in claim)



If this document can be introduced in your case and not destroy your case, then you could modify and correct your previous testimony as to date and your case could proceed,

ANSWER: ( YES THAT MAY BE TRUE, BUT IN MY CASE I CANNOT Cannot correct my STATEMENT OF Claim or testimony, BECAUSE THEY ARE TRUE.

but it seems you and your attorney believe that this document destroys the case
ANSWER: (NO She believes, what the expert says it will discredit them, I say it will destroy or perjure my testimony, costing me to at the least look like I am creating a false claim, at worst look like I am committing a perjury. and civil liabilities unrestrained as a result.)






disregard concern for the below remainder of your recent reply to the previous perjury question below.....


more than you incorrectly testifying about the date and that is where the problem is about trying to save your case.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and for asking for me.

If this business record is not accurate, but you have no evidence to prove that it is not accurate, then I am afraid that it would be accepted and if it controverts your testimony on the dates, then without evidence, even though you may be right, the attorney could not win the case.

The attorney you had could not change that document, so the only thing they could do is try to discredit that document and if there was no evidence to discredit the document, then I am afraid the attorney is right in suggesting you dismiss.

Now, turning to your attorney. If your attorney did tell you in a reasonable time upon discovery (if they found it two weeks before the hearing, which is what it seems like you are saying and they told you fairly reasonably after that, then that is reasonable), your attorney cannot help what the document said and he would not be liable for malpractice. If he did not create the document and you have no evidence or witnesses to controvert that document, that is not malpractice.

If your attorney believes that the expert testimony will discredit the document, then I do not understand why the attorney is advising you to dismiss your case, now you have me confused on that one. Again, it will not make it look like you perjured yourself because you remember a particular date and the document seems to say something else, especially if you say now your attorney believes your expert will discredit them.

If your attorney believes you can overcome this document, which I thought otherwise based on your previous questions, then you need to rely on your expert to discredit the document and you should not dismiss. Dates are subjective to the memory of people anyhow, so if that is the only issue is the date on the document and the date you said in your statement and your expert can discredit the document then I do not see why you want to dismiss just because of fear it might make you look like you are not truthful, especially since you are saying you are being truthful in your statement.



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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 1 year ago.

1st She never advised me to dismiss,


I did.


 


I am afraid they cannot discredit a document the partner, says it is his own handwriting already. but he was not called to the case.


 


She said I dismissed it voluntarily, but as I said


I was afraid. as well she said since I did, I discredited myself before aribtrators as I wrote to all when I panicked.


 


 


Attorney didnt say when I found it 2 weeks ago, she can overcome it, she said it was my word against his, he had proof of his records, i had


some proof beside oral, but he says on the true date I claim, the wrote notes in business records.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the additional clarification.

So let me understand this.

Your attorney only told you it would be your word against the document and his word, but your expert could support your side. Your attorney did not advise you to dismiss, but you wanted to dismiss because you believe that you cannot beat the document that has a different date than what you have testified to and you believe that one thing discredits you?


Let me ask you, since I do not see your attorney being liable for malpractice in this case, take that one document out and how do you feel about your case, do you feel you should win based on all of the other evidence? Now, how crucial is this one date on this one document to your entire case and is there anything besides the document and his statement saying that the date he wrote down is accurate?
Customer: replied 1 year ago.

Ok....


 


I feel that since I spoke to the partner on the phone the other day not


named in suit, Said He wrote it, that My claim for the same action only


opposite of what her said I state


He has blocked.


 


but he confirms it. so I feel the testimony they are giving as 2 partners is


weighted as it is a response to my claim and it was attached to an early response, but just the same a response to my claim.


as a result, I feel I am outnumbered


they state the action on that date was opposite of what i claimes


took place and this is shown in account statements in


black and white, and


I feel the arbitration will allow, making my claim a false on


in respondents eyes, and possibly perjury.


 


 

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

So you believe that you have nothing in the account statements that would prove their date is wrong? If that is the case, your case is over and you would not have anything to really revive. If you do not believe you can overcome the document and the statement of the partners, then you walking away is the right thing, but it is really not your attorney's fault that this document surfaced or the other partner is telling you that the date he wrote down was the date it happened and that is how he will testify.
Customer: replied 1 year ago.

not even if she didnt name him in the suit,


 


or She never even called him in after she discovered


 


or she ignored it when she discovered as far as with me


 


and not even if she could have fought it if she had called him

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

Even if she called him it would not change what was written and that he is saying what he wrote was accurate. There are two components to a legal malpractice claim. First, if the attorney acted within the reasonable scope and standards of practice. Second, if they did not act within the reasonable standard, did their conduct cause you harm.

Here it is the document that caused you harm, not the attorney calling or not calling this partner, since the document says what it says and she found it 2 weeks before arbitration, the outcome would not have really changed except you may have wanted to dismiss this sooner because of the conflict and you not being able to overcome the date written on the document.
Customer: replied 1 year ago.

Ok thanks Yes, I could have overcome the date, I needed Partner called into cross examine, as well would have been better as

He is one way to discredit the document.

but not if he is not there, there was a mistake he made in the notation, that questions the facts stated.

 

the partner appearing, I could prove his notation was wrong.

I should have a second chance if my lawyer doesnt know how to discredit it.

as She could have if he was called in She just said its my word, which would

appear bad, against his.

 

She was suppose to perform due diligence, if addressed earlier on

we could have proved the document was falsified, the document was a response to my statement of claim.

 

but I appreciate all your help, thank you. Have a nice night, I will pay you!!

Expert:  Law Educator, Esq. replied 1 year ago.
If you can discredit the person with the second partner and you are confident of that, then you should reconsider the withdrawal if you have not signed it yet and talk to your attorney about bringing that partner in as a witness under subpoena and continue to go to your hearing on the matter. She can still call this other partner as a witness if his testimony would discredit the document.

If you can discredit the document with this partner's testimony, then go to the hearing and subpoena him to testify and get him to discredit the document. If you are afraid he will not be truthful and he will just insist on the date he wrote being correct, then his statement will not discredit the document and you need to walk away I am sorry to say.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91810
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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