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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111605
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I'm back with more problems: The Bar has been good to

Customer Question

I'm back with more problems: The Bar has been good to work with. My case is being reviewed. In the meantime, the person (my employee) that was giving me problems continues to do so. Without going into details, I am formulated a plan to just plain move away from the problem. I have a potential "taker" and it will take time (and I will lose considerably since my employee has refused to answer phone calls or emails and I have orders that need to be filled with no one to make and ship them.)
1) If I get the person who wants to "take over" the operations, which will be at HER location many states away, I will have to arrange for everything to be moved from the present location. No easy task.
2) to relocate I know people I can hire who will help, but the landlord (my employees husband) has barricaded the driveway before. I fully expect this to happen again. The police say it is a civil matter so I know I cannot count on them to do anything...UNLESS I get a court order?
3) I am paying rent and utilities in the meantime and nothing is being shipped out. This is costly me a great deal of financial loss! I can cut off the electric (but 1/2 of the building houses my employees son who LIVES there!) 4) My entire business nis "open for grabs"... they could remove just about anything while I am not there.
So my questions are: 1) how to protect my property, 2) how to get a court order, 3) can I make a claim for lost revenues for the time my employee was not filing orders (and most customers will cancel).Lastly, I have been hunting for property...I will have to put that on hold since the down payment on a house will likely be greatly diminished if I end up relocating.Lastly, I assume that I (again) will need a good lawyer and will have to spend money I really do not have (credit cards and my savings). What kind of lawyer? Or do you have an alternate suggestion that might help...
Submitted: 11 months ago.
Category: Legal
Expert:  Richard replied 11 months ago.

Hi there. As I mentioned before when you inquired whether I was located in NC, I'm not located in NC and so I would not be able to provide you legal representation. Therefore, I have no choice but to opt out so another expert based in NC can timely provide you the information you seek. It's best that you not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as it seems the previous contributor may have misunderstood what you asked and left the question.
First, you are aware state law forbids any expert on this site from representing you or any other customer of this site. However, you need a local legal malpractice attorney, preferably from one of the larger cities near you (Charlotte, Raleigh/Durham etc) since most legal malpractice specialists are located in the major city areas. You can get a local legal malpractice attorney to deal with your issue with the Bar if they find a violation at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com.
Second, your issue with your business, you need to file a suit against the ex employee and landlord for breach of contract AND tortious interference with contractual relations and as part of that file a motion at the same time for "replevin" to force them to allow you to get all of your property out of the premises. You would need a general civil litigation attorney to do this (you can find one at the same sites I mentioned above) and the attorney will file suit against them for all the money their conduct has caused you to lose PLUS the motion will force them to allow you to get all of your property out so you can get it shipped somewhere else to continue conducting business.
Customer: replied 11 months ago.
No, this is no longer about legal malpractice! I wen to the Bar Association and filed my complaint a month ago. They are working on it. My problem (related somewhat) is:
I'm back with more problems: The Bar has been good to work with. My case is being reviewed. In the meantime, the person (my employee) that was giving me problems continues to do so. Without going into details, I am formulated a plan to just plain move away from the problem. I have a potential "taker" and it will take time (and I will lose considerably since my employee has refused to answer phone calls or emails and I have orders that need to be filled with no one to make and ship them.)
1) If I get the person who wants to "take over" the operations, which will be at HER location many states away, I will have to arrange for everything to be moved from the present location. No easy task.
2) to relocate I know people I can hire who will help, but the landlord (my employees husband) has barricaded the driveway before. I fully expect this to happen again. The police say it is a civil matter so I know I cannot count on them to do anything...UNLESS I get a court order?
3) I am paying rent and utilities in the meantime and nothing is being shipped out. This is costly me a great deal of financial loss! I can cut off the electric (but 1/2 of the building houses my employees son who LIVES there!) 4) My entire business nis "open for grabs"... they could remove just about anything while I am not there.
So my questions are: 1) how to protect my property, 2) how to get a court order, 3) can I make a claim for lost revenues for the time my employee was not filing orders (and most customers will cancel).Lastly, I have been hunting for property...I will have to put that on hold since the down payment on a house will likely be greatly diminished if I end up relocating.Lastly, I assume that I (again) will need a good lawyer and will have to spend money I really do not have (credit cards and my savings). What kind of lawyer? Or do you have an alternate suggestion that might help...
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
You have copied and pasted your original post, which I read and did not need to read again.
If you would kindly re-read my answer I covered BOTH the malpractice issue (because the bar will not get damages for you, they only discipline the lawyer) and also I provided you information about the issue with moving your business, please RE-READ what I typed above and if you have follow up questions about that please do not hesitate to ask.
Customer: replied 11 months ago.
Filing suit is fine, but impossible right now. I have ZERO money to work with and I am in Florida for the winter. I have limited inventory with me so sales will be small. I will lose ALL internet sales! Also, what is to keep the employee from stealing everything? I need an action IMMEDIATELY! So who is going to help me? If this will take many months if not longer I will essentially put me out of business with zero income!
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
There is a legal process which you cannot circumvent. So if you have tried all you said above outside of going to court and it has failed, your sole remaining recourse is filing suit, whether you want to hear it or not. If you cannot afford an attorney, then you have to represent yourself in court pro se, but either way you are at the point where you have to (as the saying goes) "fish or cut bait," and if you do not sue then that is the only legal means of you getting your property back so you can continue your business.
Customer: replied 11 months ago.
No only do I consider myself not suitable to represent myself, I cannot be in the area for some time (I have a definite schedule).
Fortunately I have saved (to buy a house), and if I use that it I would like to add to the damages since it is a "no brainer"... this fiasco is ruining my life! I probably have enough for a good attorney, but can I add the cost of the suit into the claim? I have at least $150,000 in equipment, raw materials and finished good sitting in that building and I cannot access it! The next thing to consider is what can be gotten from my landlord in compensation? They own property (20-30 acres?) and have three rentals on the property, but they live like slobs..so I do not know where their money goes as they are always crying poor... Lastly (for now) what kind of attorney do I need to sue the attorney to forged my signature (I hired an expert to prove that). I stay in touch with the Bar Association..my complaint has just recently been handed to the chairperson. I know he can get st least sanctioned, fined and probably disbarred. But can I get a settlement from suing him? The bar (I am told) does not deal with any compensation to me, just the fact that he acted unethically. I know I cannot get blood from a stone, especially is he is disbarred. Your suggestions for action? What kind of attorney should I look for? Lastly, the longer my property is inside the shop I rented (and am STILL paying for since in lieu of rent I agreed to pay off their loan plus the electric utility: (which 1/2 of the is responsibility of their son who lives in the addition) which was agreed upon by the landlord. Since my employee refuses to work I CAN have the electric cut off, but that will raise another can of worms! Last important question for now: How do I find the right attorney? I just got majorly screwed by the previous once (AND HE HAD COME HIGHLY RECOMMENDED!)
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Sorry to hear you had issues with a prior attorney, but the best place to find a new attorney is the same sites used by other attorneys, http://www.superlawyers.com or http://www.hg.org.
Willful and malicious conduct you could potentially seek punitive damages for her conduct plus attorney's fees.
As far as your landlord, if you have paid the rent up to date they cannot refuse to allow you to get your property, so they are in breach of lease and you would name the landlord and your employee in the same lawsuit and the damages would all be the same, your losses plus punitive damages plus your money for attorney's fees and costs for their willful and malicious conduct.
You would use a general civil attorney.
Customer: replied 11 months ago.
I will check out that site...Not only do I pay on time, I put up a $10,000 CD for him to build it building as collateral on a loan! Since I did not trust him to pay it off on time (and I also not want to lose my CD) I have set it up for his account to pay the loan on time every month! There are about 5-6 months left and my CD is released.PLEASE bear in mind that neither of us have a written contract (but I do have the bank manager as a witness, among others) as to the original agreement.)They have locked me out before ans the police did NOTHING! I had to PAY them to get THEIR padlock off the door. On top of that, they baracaded the driveway! I drive a tractor trailer (my LQ and living quarters, and I ended up packing 5 miles away fpr a week!) I had contacted the police and they would do nothing. That's when I sought a local attorney and he is the one that 1) shared ALL of our email conversations withe my employee (who is a former client), and 2) forged my signature on our supposed contract agreement! Never was in such a dishonest situation before!
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Your only remaining recourse here is a lawsuit, that is the only way you will be able to get your property they are illegally holding from you at this point I am afraid. The more you say the more evident it is that a lawsuit is your only remaining option.
Customer: replied 11 months ago.
OK, what kind of lawyer? There are so many specialized ones. I assume if I win, I can also get MY legal fees reimbursed?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
You would use a landlord tenant attorney and you would be able to recover your attorney's fees if you prove the willful and malicious breach or the fraud on his part.

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