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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110425
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Corrupt district magistrate JA: The Lawyer will need to help

Customer Question

corrupt district magistrate
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: a shady business owner filed a lawsuit against me because i wrote a detailed description on google reviews of my interaction with him. the plaintiff failed to show for court several times. the case was dismissed, then the judge changed his mind made me come to court again, the plaintiff didn't show again so the judge dismissed the charge with prejudice. the judge then asked my attorney to ask me if I would disregard his dismissal and still allow the plaintiff his day in court against me. he made my lawyer call the plaintiff on the days we were in court and ask him if he was coming t court. when he dismissed the case he left it open in the docket for 6 months which prevented me from filing a dragonetti claim against the plaintiff.
JA: OK. The Lawyer will need to help you with this. Anything else I can tell the Lawyer before I connect you two?
Customer: no ma'am
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 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.
What is your question for us regarding this matter and why would you agree to allow your attorney to waive the dismissal with prejudice? That would be potential malpractice on your attorney's part as well.
Customer: replied 6 months ago.
I didn't allow him to do that.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
If you did not allow your attorney to do so, then the court should not be able to vacate the dismissal granted with prejudice and also because of the conduct of the court here and the situation, your Dragonetti claim should still be valid, since the claim did not accrue until the case was finally dismissed and the court kept playing games with the dismissal. If your attorney did not object to all of this nonsense, then your attorney could be liable to you for malpractice for their failure to protect your rights in the case and you could seek damages from your attorney.
So at this point going to a local legal malpractice attorney to review your attorney's conduct through the review of the case file would be the first step in proceeding in this matter together with filing the Dragonetti claim and arguing that the limitation period did not pass because of the court's actions in the matter and the way the court handled the matter prevented there from being a final dismissal.
Customer: replied 6 months ago.
On the days I showed up for court... the plaintiff did not. On the fist appearance the plaintiff sent a fax the day of court stating he was out of the country. Since the plaintiff was a local business owner I went to the business and there he was. I told my attorney that the guy was not out of the country... that he lied and was at his business. So the judge dismissed the case without prejudice. A few weeks later the my attorney called me and said the judge changed his mind and wanted to give this guy his day in court. So the hearing was rescheduled and I went. once again the plaintiff didn't show up... the judge asked my lawyer to call the plaintiff and try to get him to come to court. Only to be informed that the plaintiff was out of town. Once again I went to his store and their he was. I informed my lawyer who in turn informed the judge. This time the case was dismissed with prejudice. A few weeks later I get a call from my lawyer who informed me the judge had called him and asked him if he could contact me and ask me if I would consider disregarding his ruling and allowing the plaintiff to have his day in court against me. I said no. I just found out that the judge never closed the case... left it open on the docket sheet for 6 months now. Which prevents me from filing dragonetti action against him. my lawyer contacted him and confronted him about the case being open despite his ruling 6 moths ago. The judge closed the case but didn't make it retroactive from when his original ruling was. Which now gives the plaintiff 30 days to appeal again!
Customer: replied 6 months ago.
I also asked my lawyer why he was being s passive, if we had any recourse against the judge, and of the reason why he was being so passive was because he didn't want to piss of the judge? This whole thing has now stretched out over 18 months.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
The case would not prevent you from filing your Dragonetti claim now and arguing that the court's conduct caused your claim to never begin to accrue and that is the basis. You already have a ruling dismissing the case with prejudice to use as basis for the Dragonetti claim and you need to get your attorney to bring it and also you can argue there is no appeal right because of the court's mistake in not closing the case properly when there was a motion to dismiss with prejudice.
You can also file a complaint to the state judiciary commission against the judge if you want to pursue that after you pursue the other avenues.
Customer: replied 6 months ago.
OK. What is your legal opinion about the judges conduct? My lawyer seems to think there may be some kind of relationship between the judge and plaintiff. Does my lawyers behavior seem inappropriate or passive o you?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
I believe there appears to be some relationship between the judge and plaintiff that is inappropriate and should have been disclosed or the judge should have recused himself from the case. As far as your attorney's conduct, it seems to be at the least passive, but it is bordering on malpractice if it causes harm to your case and your position.
Customer: replied 6 months ago.
I think so too. He seemed to want no confrontation what so ever. When I talked about pursuing action against the judge he responded with "In the course of my career, whether intentionally or unintentionally, I have pissed off my share of judges. It is just not plan A for me. I also believe that if you are going to screw with a person’s livelihood and career, you should damn well have your facts straight, so I am going to give this guy a chance to tell me what his intentions are."
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
You can go to another attorney for pursuing the judge. The main issue in this matter though is to get your Dragonetti claim filed and accepted because of the issues with the case and you also should get this judge recused from the case and bring it before another judge.
Customer: replied 6 months ago.
Dragonetti will be filed in court of common pleas! Does PA allow SLAPP suits?
Expert:  Law Educator, Esq. replied 6 months ago.
PA has a very limited SLAPP statute and it applies only to environmental claims against the government.

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