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Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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Tina, are you still there? Im new to PayPal and had to straighten

Resolved Question:

Tina, are you still there? I'm new to PayPal and had to straighten some things out.

Linda with the mom-n-pop S corp
Submitted: 5 years ago.
Category: Legal
Expert:  Tina replied 5 years ago.
Hello and welcome,

I would be happy to assist you. What is your question for me please?
Customer: replied 5 years ago.
Hi, Tina. Obviously I've never used nor PayPal before...Originally I said: we are a mom-n-pop S Corp in construction.We agreed to settle with a client whose eyes were bigger than his pocketbook and refused to pay for materials and service that were already in his house when he fired us, or were installed by another contractor. Accdg to the settle., any of those vendors, etc., were to sue us, then we were to sue the client and he would pay. Ha. He fought us on the lumberyard,but I'll buy more of your time about that later.The brick co. also filed suit. Then in Dec. our acc't was garnished for the amount due. Plus the bank also took $ that we owed them for a small loan. Turns out our atty (who now can't use his law license for 12 months because of hanky-panky with a former partner's money) never answered Discovery (the brick co. atty explained it to us). I have a bout an $8500 bill from our atty. All monies on the garnish. cost us about $5900 plus I understand we will have to hire an atty to close out the Acme account. Re the lumberyard, his inv. makes no mention of the $4,000 in atty fees the judge awarded us. The client has appealed the judge's ruling to the Supreme of AR. Anyway, I want not to have to pay any of the $8500. What say you? Thank you. Linda Concoby, Energy-Smart Construction, Inc., Rogers, AR
Expert:  Tina replied 5 years ago.
Thank you for the additional information Linda.

You lost the lawsuit because of malpractice by your attorney, is that what you are alleging? If so, what is the judgment against you or how much in expenses have you sustained as a result of the malpractice?
Customer: replied 5 years ago.

I think the thing with the brick co., where he didn't file Discovery, is an "egregious error.: If that is also "malpractice," I'm fine with that. He has sued us for the $8855 we owe. In great part, thanks to him - we feel he ought to have shut the client's atty down fromthe get-go, but we now know -it was in the paper - he was in financial trouble and drinking- we have zip money. but on to the issue. I want to meet with his atty tomorrow, Friday, or on Monday (we're due in court Tuesday) and say - our atty didn't do this and etc., etc., therefore we don't think we owe him any money. Because he didn't do the right thing re: the brick co, our acct was garnished $4460.87 for the brik co, 1245.60 to payoff a loan to the bank (bank says they are entitled to do that) plus 75 garnishment fee and the 50 we paid to finish paying the bank loan becausse we didn't have enough money in the account for the total garnishment plus it think thereis another $108 bank fee we had to pay because of all this. My thinking is that I won't report our atty to the Bar Assn if he cancels the lawsuit against us and zeroes our account. (sorry can't get the underlining and bold to cancel) -- Linda

Expert:  Tina replied 5 years ago.
You could attempt to negotiate a settlement to dismiss the case against you in return for not pursuing legal action against the attorney for malpractice and filing a complaint with the state bar, both of which certainly appear to be justified.

Normally, I would suggest that you retain a legal malpractice attorney to represent you as they sue attorneys who have engaged in malpractice. The fees charged certainly should be forgiven if you have sustained significant damages as a result of the attorney's representation. A court may grant the attorney the reasonable value of at least some of the work performed if you did not sustained damages to the full extent of the attorney's fees, but if I were that attorney, I would be happy to call it even.

It's amazing that he is suing you after all that has occurred. Since the court date is tomorrow, it is too late to retain a malpractice attorney, but if the matter does not settle, I would certainly consult with one further.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Customer: replied 5 years ago.
Tina, I will gladly Accept your Answer; thank you very much. BTW,the court date is Tuesday so I have asked to meet with our atty's atty tomorrow or Mon. Now, I would like to hire you regarding another question in the next few days. Can I get back to you directly thru this site, or does my question have to be open to any legal expert? -- Linda
Expert:  Tina replied 5 years ago.
Yes, you can request me specifically by posting your question through my profile page. Here is that link:

Good luck to you and I look forward to hearing from you again.

Tina and 3 other Legal Specialists are ready to help you