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Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 1378
Experience:  Attorney/Member in Private Law Firm
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Would like to get a draft lawsuit (Oregon) reviewed. With

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Would like to get a draft lawsuit (Oregon) reviewed. With the following questions.
1.Once filed how long do I have to serve? ( I think 60 days) 2. Validity of suit to survive a summary judgment motion by the other side ( all facts are true that I have alleged) 3. Statute of limatations on the four claims. 4. Any other advice.
Background, I am filing this with a follow up lis pendens to block the sale of property to gain leverage negotiations in the divorce proceeding. I am filing this outside of the divorce Pro Se.

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I would be happy to review the lawsuit and address my thoughts at to the areas you addressed. I could do that today - likely I would be able to get back to you within the hour from your giving me the go ahead - I would charge $50 for the review and questions to be answered. If this is acceptable to you, you can accept the process would be to accept this answer and then i would provide a service offer via the site that you would accept and then upload the Complaint.

Let me know and we can proceed and if you are not comfortable with this arrangement I can return the matter to one of my colleagues - completely up to you.

Customer: replied 7 months ago.
compliant already uploaded. Is the 50 in addition to 46 already paid?

So from my end, I do not see where the complaint has been uploaded - meaning that I received only your overview information and nothing further. Not an issue, I can walk you through doing that or have an email dedicated to this process I can provide.

And as to the $50, yes, that would be in addition to anything paid to JustAnswer just far.

Let me know and we can proceed if you like.

Customer: replied 7 months ago.
I am ok with that. File uploaded

I am going to send over an offer for the review - that will come across and once you accept it, I will get to work. The Complaint did come across. Your timing is perfect as I can start on it as soon as you are good with the offer. I will review it and provide a separate document in return with thoughts and answers to your questions. you may have to also rate/accept this dialogue frame as well. Standby

Sean K and 2 other Legal Specialists are ready to help you

Working on it now and will let you know as soon as I am done. Thanks much!

Customer: replied 7 months ago.
I should let you know my plan is to file suit with court, file lis pendens, the property is in escrow and set to close the 16th. I won't even serve the complaint on her unless negotiations don't happen. I have tried everything, except giving up the farm, to settle this process. I think this will provide leverage that I need.
Customer: replied 7 months ago.
The fact that this lawsuit is outside of the dissolution the court can't move to remove the lis pendens. Correct?

I had actually understood that to be the case as I have been reviewing this and that is my understanding on the lis pendes as well.

See the attached overview. Very impressive Complaint.

Customer: replied 7 months ago.
you don't think I can file a lis pendens? There has been a lis pendens on the property throughout the whole divorce from her attorney.

As to you filing a lis pendens - I believe you absolutely could. My oversight on that in the reply.

Customer: replied 7 months ago.
Your concern then is I could potentially be slandering the title.
Customer: replied 7 months ago.
She had a lis pendens on the property throughout the divorce.

No, the concern was that since her lis pendens was filed that your best cause of action would have been her slandering title, but because the statute of limitations on her filing has already run, you would not be able to use that as a cause of action in your complaint.

Sorry for the confusion on that point.

Customer: replied 7 months ago.
Thank you for the review.

You are certainly welcome. Please let me know if you have any other questions.

Customer: replied 7 months ago.
If you were a divorce lawyer on the other side. Would you get your client to resolve issues so that house can be sold: Given house on market for 2 years and divorce taking nearly as long.

The answer to that is an strong yes. If it is not resolved it will remain encumbered by the lien and it would take even longer to sell.

Customer: replied 7 months ago.
I have one more lawsuit if you are interested in reviewing?

Sure - happy to. You have a talent for catching me when I have literally just finished a task so I am free now? You would have to request me via a new request. You can note me as a favorite and it will come straight to me. What I will do is deduct the amount of the cost of the question from the $50 via an offer I make that would put the review at the same as last time less the charge for the actual question posted. Good?

Customer: replied 7 months ago.
What is the best way to let the title company no? I know they will find out sooner or later, but I feel it is better to have them as an asset to facilitate things (even though that is not their job). My thought was "I have place a lis pendens on the property secondary to a lawsuit filed today. I want this transaction to close, but issues need to be resolved beforehand."

So there is not set and required formal way to notify the title company, but I agree that they should likely be notified. In the past, I have had people simply copy them on the transmittal letter for the lis pendens to the Court with the lis pendens included.

Customer: replied 7 months ago.
My issue will be she hasn't been served, and I won't until next week or later, but the title company will provide a copy of the lawsuit ( from county website) I am sure.
Customer: replied 7 months ago.
I think I will say this: "As a professional courtesy to you and your organization there is activity on the deed to this property" Thoughts?

Excellent language.

Customer: replied 7 months ago.
thanks again for all your help!

You are welcome and my pleasure.

Customer: replied 7 months ago.
I was reviewing everything this morning. She committed all of these acts before the dissolution was filed. Good right? I know she got the advice from her attorney. I would love to add him to the suit. Negligence claim? In Oregon attorney’s are part of a required liability fund.

Very good actually. The weak leak for me, and this is merely my personal thought, is that you want to have a foundational basis for the claim against an attorney - pleadings, court filings, etc. Something to pin the negligence on. I am very slow to draw in attorneys unless I have them dead to rights on the negligence. That doesn't mean don't do it, it just means that when I go down that road, I want it to be open and shut.

Customer: replied 7 months ago.
I’ll get a draft ( adding attorney) and resubmit a new question. Thanks again.

Certainly - same arrangement as prior it good with you. I will be around today and then tomorrow will be spotty. Tuesday I will be around late afternoon and all day Wednesday.

Customer: replied 7 months ago.
With respect to adding attorney what do you think about conspiracy for the claim? Knowingly encouraging someone to commit a tort? The only defense would be " I didn't know" then you've just proved a negligence claim, as he didn't do his due diligence to interview his client.

This is more so a personal approach and, admittedly, some people disagree with me. For conspiracy there have to be two actors in the conspiracy and to successfully prove it you must show each has a distinct and knowing role in the process. If an attorney is encouraging a client to engage in questionable legal strategies, the client is a lay person and has relied on the counsel of the attorney and, in my opinion, the client is therefore immune from a conspiracy claim even if the attorney was 100% looking for a conspiracy.

For me, I avoid conspiracy claims and focus on something related purely to the attorney such as negligent representation so you can use the failure to property explore the claim.

Understand that does not mean a conspiracy did not occur, but I would rather focus on what I can prove rather than confuse a judge or jury.

Customer: replied 7 months ago.
But her attorney can't be negligent to me. Can he?
Customer: replied 7 months ago.
FYI, I won my motion in federal court to amend my complaint in my other case. Thanks for your help.

It is back to what I said earlier about the attorney and tying it to a particular act or omission on his part.

And congratulations on the win! Great news.

Customer: replied 7 months ago.
ok I will get drafted this weekend and send to you like before.

I will be on the look out for it.

Customer: replied 7 months ago.
I am struggling with this aiding and abetting claim ( IT FITS), but Oregon from my reading requires and underlying fiduciary duty from the lawyer to me. If that is the case my thought is he owed that duty to me via the financial restraining order which is placed on a person during a dissolution. Problem is that he filed with court on 10/7, according to the dissolution he signed it 9/30. She committed all the acts during that time frame. Thoughts?

I agree with you on the nuances of the aiding and abetting claim. I would say back up a moment and look at it as a negligence/due diligence claim. If you couched it as that, then the fiduciary duty necessity is not needed and then the approach would be that he didn't property explore the claim prior to filing it. And yes, i am circling back around to what I addressed before, but I have learned through the years that when spoon feeding a case in Court the easier it is to explain, the more likely it is to stick.

Customer: replied 7 months ago.
Send me a document review agreement and I will upload. Thanks

Let's do it like last time, for what ever reason the system is finicky on allowing the premium service offers on ones where there have already been on.

Start a new question and request me, I will deduct the balance of the question from the $50 and sent over the offer with a balance.