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Legal Malpractice -- What can I do before trial?

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  • Legal Malpractice -- What can I do before trial?

    A week before my trial I am told that documents that I have to prove false accusations against me possibly may not be use because they were not file on time. What can I do before trial?

  • #2
    re: Legal Malpractice -- What can I do before trial?

    Consult with your state Bar Commission.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

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    • #3
      re: Legal Malpractice -- What can I do before trial?

      Each state maintains an agency associated with both the bar association and highest court in the state that oversees the conduct of attorneys in the performance of their professional duties. Through this agency you can lodge a formal complaint against your lawyer. To prevail in a legal malpractice lawsuit in most jurisdictions, you will need to prove an attorney-client relationship between you and the lawyer, a breach of the duty to provide skillful and competent representation (negligence), causation, and a financial loss.

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      • #4
        re: Legal Malpractice -- What can I do before trial?

        I wish to inform you that you may contact the office of the Clerk of Court and request for postponement of the hearing. You may also fire your attorney and file a complaint against the attorney in the Bar Association of which the attorney is a member. The Lawyer Referral Department in the Bar Association may be approached to find a new attorney to be appointed.

        AFF

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        • #5
          re: Legal Malpractice -- What can I do before trial?

          Thank you for the information. If I do get a new attorney will the case start all over? Will the new attorney being able to file the documents that were not filed?

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          • #6
            re: Legal Malpractice -- What can I do before trial?

            Originally posted by Terryo2 View Post
            A week before my trial I am told that documents that I have to prove false accusations against me possibly may not be use because they were not file on time. What can I do before trial?
            Move for a continuance on the grounds that the evidence is crucial. The court should continue the case.

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            • #7
              re: Legal Malpractice -- What can I do before trial?

              Originally posted by AFFA View Post
              I wish to inform you that you may contact the office of the Clerk of Court and request for postponement of the hearing. You may also fire your attorney and file a complaint against the attorney in the Bar Association of which the attorney is a member. The Lawyer Referral Department in the Bar Association may be approached to find a new attorney to be appointed.

              AFF
              At this point, it will take a judge to continue the case -- not a clerk of the court. Filing a complaint against the attorney is premature at this point in time as is trying to get another lawyer to familiarize himself with the case -- at considerable cost, time and prejudice to the other party as well. If one fires their lawyer a week before the trial, the court could order the case to go forward, anyway. For the other party would be prejudiced by a long delay.

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              • #8
                re: Legal Malpractice -- What can I do before trial?

                The other person is right you need to Consult with your state Bar Commission.

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                • #9
                  Re: Legal Malpractice -- What can I do before trial?

                  Originally posted by Disagreeable View Post
                  Consult with your state Bar Commission.
                  State Bars do not provide legal advice to laymen. They are a fraternity of and for lawyers.

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                  • #10
                    Re: Legal Malpractice -- What can I do before trial?

                    Before Trial , You need to talk with an experienced medical malpractice attorney and discuss your case to get the best opinion.

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                    • #11
                      Re: Legal Malpractice -- What can I do before trial?

                      Originally posted by Terryo2 View Post
                      A week before my trial I am told that documents that I have to prove false accusations against me possibly may not be use because they were not file on time. What can I do before trial?
                      Ask for an extension of the trial date. The only grounds I can think of is that you did not obtain them in time to submit them by the date exchange of evidence and witnesses was required under the rules.

                      You need to make your formal request a matter of record with the court to preserve the right to appeal on that issue in case the judge will not grant an extension of time for you to file the evidence or precludes it from the trial.

                      If you are forced to go to trial anyway, bring up the issue of that evidence at trial and try to get to it introduced. Look up "offer of proof" under your state's evidence laws -- how to make an offer of proof. You will need to make an offer of proof of your evidence at trial if the judge excludes it, precludes you from offering it at trial. That will preserve it for appeal.

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                      • #12
                        Re: Legal Malpractice -- What can I do before trial?

                        You should discuss the matter with your state's bar association and let them know about the attorney's legal malpractice.
                        Seigman, Starritt-Burnett & Sinkfield, PLLC

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                        • #13
                          Re: Legal Malpractice -- What can I do before trial?

                          Originally posted by ashleyjohn View Post
                          You should discuss the matter with your state's bar association and let them know about the attorney's legal malpractice.
                          That is not going to help him get through the trial and his evidence admitted -- nor to preserve his evidence should the judge refused to admit it. The judge has already refused to allow him to submit his evidence claiming he did not submit it timely before trial.

                          Spending time whining to the bar about legal malpractice will not preserve his suit. I told him how to get his evidence in, preserve it for the record, by making an offer of proof should the judge not change his or her mind at trial and refuse to admit it.

                          When evidence is excluded by the court, an offer of proof can be made which preserves that evidence for appeal. Each state his its elements in order to perfect an offer of proof which the poster needs to research so he is prepared when he goes to trial.

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