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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6390
Experience:  20 years experience as a civil trial and appellate lawyer
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I had a nightmare attorney who literately accepted a

Customer Question

i had a nightmare attorney who literately accepted a malpractice suit in order to help the defendants walk away from commiting a number of torts against me. He filed my petition but wouldn't serve the defendants, I pushed him to do it and he said they had agreed to accept service. I received an eviction notice in the mail from the trustees who are in charge of my family trust that are also the defendants. Fast forward almost three months and the day before the eviction and three days before service is due... my attorney tells me that they had not agreed to accept service and that there was no time left to do it. He then tells me that he had made a deal with the other attorney to extend the deadline on service but only if I would consent to the eviction. I had no choice, he also told me that he had to agree to withdraw from the case. I started looking for another attorney but haven't found one yet and I made it really clear that I would not approve his withdrawal until I had. So on the 17th of this month I received a notice in the mail that said he was going to submit his motion to withdraw at 3 o'clock that very same day. I called the courthouse nothing had been scheduled, I called again on the 18th still nothing, again on the 19th and the court confirmed that they had not received any motions from him at all. I checked the court website today and it appears that there was a hearing scheduled for this morning ( it though wasn't there yesterday) and his motion was heard and it was approved without my knowledge of the hearing. So right now I'm representing myself and he has been officially removed from the bigger lawsuit. However, I also called this morning and scheduled another hearing to stay the evection and that's in two weeks, I was simply going to present my evidence and say that I was tricked and ask for it to be overturned. That was this morning, and I just checked the website to look at the status of the case and that attorney was just assigned to the eviction case today, even though that case was closed two weeks ago. Not closed, but decided. The only thing that's happened is that I scheduled that hearing for two weeks. Why in the world do you think he would sign himself to that eviction? This is the guy who is been has been representing me and quite frankly had been representing the other party the entire time. I can prove that he tricked me and I can prove that he lied to me and I can prove that I wasn't served proper notice for his withdrawal but he is withdrawn from that bigger case and he's not responding to any of my inquiries from today regarding the evection hearing coming up. I need some advice here I can't get a hold of this guy and even the clerk for the judge isn't returning my calls right now. Considering how this guy has already treated me I can honestly say he's got something up his sleeve and he knows that I can probably get this overturned... If there is a way to prevent that from happening then he's going to try it. Why do you think he was assigned? He just withdrew from that other case, i need some advice quick
Submitted: 10 months ago.
Category: Legal
Expert:  Phillips Esq. replied 10 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties. However, I need clarification.

Are you saying that the Attorney who supposed to be representing in a legal malpractice case, but withdrew is now representing the opposing party in your eviction case?

I am preparing my response to your post and I will post it very shortly. Thank you for your patience.

Customer: replied 10 months ago.
No, I'm not to the malpractice suit yet but I'm sure I will be soon... I hired a lawyer to help me bring a case against the trustees of my family trust in Kansas for commiting a number of torts last year and we filed that lawsuit but didnt serve it, I couldn't figure out why. He said that he thought it would help settlement talks. We had three months to serve it, the trustees sent an eviction notice in response which was a separate lawsuit. My attorney told me he was working in a "global solution" and that they had agreed to accept service... But he lied. He waited until the day before the eviction hearing which was three days before service was due to tell me that they hadn't agreed to accept service and that I had no choice but to "give" them the eviction in exchange for them agreeing to accept service. That was two weeks ago and the eviction was recorded as a "consent judgement" in their favor. My attorney sent me a notice of a motion to withdraw from my case on the 17th, it showed a hearing date of the 17th at 3:00, I called on that day then on the 18th and 18th and he had not filed his motion at all. Just yesterday I saw that it was filed then approved that very same morning. I was tricked into this eviction and am representing myself right now for that other case. I scheduled a motion hearing for the eviction to try to get that overturned in two weeks, I did that yesterday morning but then last night I checked the website and it showed a stamp that my attorney had just been admitted to that eviction hearing. That case is basically closed, he already withdrew from the other case so I can't figure out whats going on. He wanted me to be evicted. The only interest he has is to cover his own tail here and make sure that j can't do anything to overturn it. Crazy but true, he knows that I can't speak at the hearing if he is on record. So here I am trying to prepare a motion to vacate that decision but will I even be able to present it if this attorney shows up? I didn't say a word to him about scheduling this hearing, he's not even answering the phone right now,
Expert:  Phillips Esq. replied 10 months ago.

Thank you for the clarification.

If he is back on the case without you knowing about it, you need to tell the Court the truth that you are now representing yourself and he should not be speaking for you.

The Court must allow you to file your Motion to Vacate and schedule it for a hearing. It is your case. You have a right to represent yourself if you choose to. So, you should proceeding in preparing and filing the Motion to Vacate.

Let me know if you need further clarification.

Goodluck with your case,

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. That’s the way that I get paid for answering questions on the site. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Customer: replied 10 months ago.
When I talked to the court yesterday to schedule the earring I was told the soonest they had a time available for a motion hearing was two weeks away, I'm hoping to get a temporary restraining order because I have to be out on the 1st. I briefly explained that although my attorney had withdrawn from the bigger case, I wasn't sure if he had been removed or not from the eviction case... She let me go ahead and schedule it but she also said that my attorney would have to be the one to have himself removed. Is it possible that the "system" would have automatically posted that stamp adding him to the case at the same time that hearing was scheduled? Here is what idly says;08/23/2016 SCHED. MOTION on 09/15/16,11:00am,Div 61
08/23/2016 Defense Attorney Doe, John, assigned on 08/23/16
07/22/2016 <******* Bench Notes *********>
PLAINTIFF APPEARS BY ATTORNEY Xxxxxxx, DEFENDANT APPEARS BY ATTORNEY Doe, John. CASE SETTLED, JOURNAL ENTRY TO BE SUBMITTED.(TAPE: ER)(JUDGE: Xxxxx)
07/22/2016 FILE STAMP 07/22/16, CONSENT JUDGMENT FOR POSSESSION
07/22/2016 Changed Case Status From PENDING to TERMINATED (OTHER DISPOSITION)
07/22/2016
Customer: replied 10 months ago.
Is it possible that that second post from the top was automatically generated?
Expert:  Phillips Esq. replied 10 months ago.

I have no idea whether the system automatically added him. The Clerk's office is the place where you should address this question.

Customer: replied 10 months ago.
If he did add himself, what can I do? With an attorney on record I can't really do much can I?
Expert:  Phillips Esq. replied 10 months ago.

You can go in front of the Judge and tell the Judge that you need to represent yourself because you and your Attorney are not communicating anymore. That you do not know why the Attorney put himself back on the case.

The Judge has to allow you represent yourself because it is ultimately your decision whether to be represented by an Attorney or not.

Customer: replied 10 months ago.
Di need to file a motion to have him removed?
Expert:  Phillips Esq. replied 10 months ago.

No, you do not.

Customer: replied 10 months ago.
What do I do then besides just move on my own, this guy is actively trying to work against me but he's able to speak for me right now, he withdrew from the other case but is added to this one for some reason, I need to get him off the case.
Expert:  Phillips Esq. replied 10 months ago.

I am signing off at this time. So, I will opt out and let another Attorney to further assist you.

Expert:  Maverick replied 10 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 10 months ago.

It may be helpful for us to do a phone call on this. The added cost is $37.00. I will send you an offer to that effect. If you decide to accept it, please return here and type in your phone number so I know to call you.

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