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Chad: I am really sorry for all of your troubles and having to deal with an attorney you are not at all pleased with at the moment. In reference to your inquiry about statute of limitations, the period does not begin to accrue until you know or should have known of the defamatory statements about you. In this instance based on your explanation, the statute of limitations would not have begun until you discovered the reports you are referencing in your statement. I would suggest you file an amendment to your lawsuit that includes the new claims you want to file. This is very often done by you contacting the otherside's attorney and seeing if they will agree to let you amend your claims and if so you simply amend the original lawsuit filing to include your new allegations. I do not see any reason to raise the statute of limitations issue unless the other side does, and if they do you should check to see if you are still within the period from the date you discovered the reports referenced above. I hope this helps! All the best, David
I am going to offer you a call to talk through your situation confidentially and in more detail. However, statutes of limitations are very hard to overcome. You may be faced with needing to sue your attorney for malpractice, but first I think you should get a copy of the attorny's files and understand exactly what has happened. As for the police, I dont know whether they have any obligation to give you the reports but if I were you I would focus my efforts on finding your attorney who will know and understand your case. If I dont get to speak with you I wish you all the best.
Yes, you should site the Rules of Professional Conduct all atrorneys must comply with in their dealings with the court and clients. All the best, David
What you are describing could be considered criminal conduct so if you are unable to proceed in civil court you might consider filing a police report to see if there is anything that can be done to restore your status of trustee. Other than that I believe you need to get an attorney to watch over your assets in court. There is not a specific motion to be filed, but you will need to reapond to a motion to dismiss if one is filed.
You can certainly ask for sanctions. I have never seen co duct like this before out of attorneys. If you want any chance of sucessfully winning sanctions you have very little chance of doing so pro se. You need counsel to navigate the situation for you. These are not cookie cutter situations that I can advise you on what motion to file or argument to make. Good luck with everything.