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Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1830
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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We recently went through a personal injury case. The Judge

Resolved Question:

We recently went through a personal injury case. The Judge in the case had previously worked in the same firm as the defendant lawyer. Is this a conflict of interest?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Brandon, Esq. replied 1 year ago.

Brandon, Esq. :

Hello and thank you for your question today.

Brandon, Esq. :

Are you online with me?

Brandon, Esq. :

Welcome to the chat

Customer:

yes

Brandon, Esq. :

Are you trying to recuse a judge? Or has there already been a judgment?

Customer:

There was a judgement not in our favor.

Customer:

We would have liked to dismiss her prior to our court case.

Brandon, Esq. :

So this type of situation is against the rules of professional conduct and gives sufficient grounds for a judge to be ordered to remove themselves from a proceeding. You could have absolutely done this prior to your court case.

Brandon, Esq. :

But, if the judgment has already been rendered, then your only option is to be able to seek reargument on the ground that the judge should have been disqualified

Customer:

My lawyer never discussed this with us. She was also the judge in a previous legal malpractice case in which the lawyer we chose did not submit our case on time and missed the statues of limitation deadline but then submitted it to the wrong venue. He had to pay sanctions but they were never enforced.

Brandon, Esq. :

In this instance, if the appellate court finds that the judgment was made by a judge who should have recused themselves, it MAY set aside the judgment and return the case for retrial

Brandon, Esq. :

It sounds like your lawyer has engaged in legal malpractice

Customer:

Great how do I find a lawyer to do this? In my county no one wants to work against her.

Brandon, Esq. :

You may want to consider talking to a legal malpractice attorney in your area. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Brandon, Esq. :

Go to Martindale.com and type in Florida Legal Malpractice in the search window

Brandon, Esq. :

then on the left hand side click on the town or county in which you live

Brandon, Esq. :

then just start calling attorneys on the list

Customer:

We have contacted over 20 lawyers in Florida and outside of Florida No One Will Get Involved!

Brandon, Esq. :

Are they legal malpractice attorneys?

Brandon, Esq. :

or just normal attorneys?

Customer:

Actually this case gets more involved. The expert witnesses lied about our injuries. Because they did us no harm ( physically) we have no recourse. They say no medical malpractice.

Brandon, Esq. :

That may be why you are having trouble finding an attorney. To prove legal malpractice, you need to prove 2 things, First that the attorney did something below the standard of care (almost a guarantee if they are missing filing deadlines) and second that the result would have been different with a different attorney.

Brandon, Esq. :

In any case, there should be expert witnesses on both sides. In their "Expert opinion" their opinion is the right one, and their opinion is COMPLETELY different depending on who they are arguing for

Customer:

I can prove both. My lawyer fed us to the courts, did not let my husband answer more than yes or no and did not defend us or supply the jury with evidence. Also one of the experts was subponed but never showed. The defending lawyer said he never was deposed. I have proof that he was. We have proof we were injured. My husband is a Board Certified Internal Medicine Physician and we have documentation of our injuries.

Brandon, Esq. :

So when you have contacted the 20 attorneys you have contacted are they legal malpractice attorneys or are they normal attorneys?

Brandon, Esq. :

because if they are not legal malpractice attorneys, I would highly suggest contacting a legal malpractice attorney in yoru area

Brandon, Esq. :

if they are, then there are additional facts here, so I may need more information to best point you in the right direction

Customer:

The court now has a judgement against us in the amount of $27,000 and this is now on my credit report.

Customer:

These were all legal malpractice lawyers. Thy say that the case is either too involved, or they know the lawyers or there is not enough money for them to recoup.

Brandon, Esq. :

I would give these attorneys a call and if they decide to not take your case, make sure to write me back and tell me exactly the reason they have given you.

Brandon, Esq. :

http://www.sdtriallaw.com/

Customer:

I sustained a TBI (requiring my taking amphetamines to stay awake), in 1998 on the first accident that the lawyer failed to submit on time. Later in 2004 an woman suffering from dementia was driving a failed to stop at a stop sign and hit us. My TBI worsened and I had to increase my meds which then caused me to have a break down and tried to commit suicide.

Customer:

I have all there denials.

Customer:

To add to the mess one of the defendant expert witnesses lied to the court and had the lie notarized. The last day of the trial at 4:55pm a new notarized form signed by said Dr. was then reversed and notorized.

Customer:

He is a convicted felon from NY. He stabbed a fellow student in the neck, got 5 years community service then went to another stste to get his medical degree. What a mess. He also works in the same community as my husband and they have seen mutual patients.

Brandon, Esq. :

Like I said, you can always find a doctor willing to lie on the stand. It is an unfortunate reality of this type of law

Brandon, Esq. :

It is the job of a good attorney to be able to point out these lies

Brandon, Esq. :

it does not sound like this attorney should ever have allowed this person to be certified as an expert with the court

Customer:

He asked the judge to disqualify him but she would not.

Brandon, Esq. :

Go to http://www.sdtriallaw.com/ and talk with an attorney at that firm. If they are unwilling to take your case (and I am a little unsure as to why given all of the information you have given) please ask them to give you a full answer as to why (the to much time/not enough money arguments are usually not the real reason) Then come back on this chat and update me

Brandon, Esq. :

Because this attorney 1) should have filed on time (malpractice) 2) should have asked for the judge to recuse themselves (malpractice) and 3) should have excluded the testimony for failure to respond to a subpoena (malpractice). I am sure this is only the tip of the iceberg

Customer:

ok thanks

Brandon, Esq. :

Not a problem. Does that fully answer your question today?

Customer:

yes

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

If you ever need to ask for me again for any other future questions, please feel free to do so here:

Brandon, Esq. :

http://www.justanswer.com/law/expert-accident-expert/

Brandon, Esq. :

Have a wonderful rest of your day.

Brandon, Esq., Attorney
Satisfied Customers: 1830
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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