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Good afternoon. There is really no need to sue the tenant again; rather seek your lost judgment amount from your lawyer who botched your case. What you want to do is raise the stakes on your lawyer so that he knows that not complying with your demands is going to cost him far more in the end than simply giving you your refund now. You should send him a certified, return receipt requested letter detailing the history and demanding he refund any fees you've paid plus pay the amount of the judgment to which you would have been entitled but for his incompetence in total within a short specified period of time. Inform him that if your demand is not timely complied with, you will have no choice but to: i) file a formal ethics complaint with the state bar association, and ii) file a suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as breach of contract
and negligence causes of action,, but also as a gross negligence claim, which will entitle you not only to your actual damages, but also an additional amount equal to multiple times your actual damages as punitive damages
. That should provide plenty of incentive to comply with your demands; but, if it does not, file your ethics complaint and your suit.
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