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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117348
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My former lawyer quit my case in 2013 three years after it

Customer Question

My former lawyer quit my case in 2013 three years after it was to be heard in 2011 (no deposition, etc - screwed it up). He wrote and said if the defendants did not mediate he would quit and seek an additional $26,000 (received $38,000 to date). He filed for a lien and was denied, although the judge did not put this in writing. A year later the attorney filed for the same lien with another judge. I both wrote that this was already heard and pleaded the case verbally. The attorney filed a motion to strike because I answered late and was allowed. The second judge gave him the $26,000. I am filing a Motion to Reconsider based on res juricata and now asking the judge to recuse herself and to have the origional judge hear the case again. Am I correct and is there something else I can do? How long do I have (in MA)
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The motion based on res judicata would apply if you have proof of the judge's order denying the lien. You would need the transcript of the hearing where the judge denied the lien at the very least.
As far as the motion to recuse, it would be more of a motion to remove the matter back to the original court, not a motion to recuse. You would be asking this court to remove the case and send it back to the court that is handling the original matter and would argue that you are making the request in the interest of justice, as the original court has the information and knows all of the details of the case, and also based on judicial economy in that the same matter should not be heard in two separate courts.
You have 10 days after entry of the judgment you are seeking reconsideration on to file the motion to reconsider and you need to attach proof of the res judicata and the case in the other court to the motion.

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