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BetHorses!
06-03-2012, 10:43 AM
in New York City area who would sue another attorney/firm?
Don't want to get into all the details publicly but its over my divorce agreement and yet another decision that went against me in family court that impacts me financially

You can PM me if u need more info...thanks

Greyfox
06-03-2012, 11:04 AM
in New York City area who would sue another attorney/firm?
Don't want to get into all the details publicly but its over my divorce agreement and yet another decision that went against me in family court that impacts me financially

You can PM me if u need more info...thanks

If the lawyer that you hire is incompetent too you would have to sue him with a third. :rolleyes:
Don't let your anger confuse your judgement and don't confuse weak lawyering with malpractice.
Hiring lawyers even on a retainer basis can be pretty expensive stuff.
I don't know your circumstances, but most people would be better to get as far away from incurring more legal costs than they have already.

BetHorses!
06-03-2012, 11:23 AM
If the lawyer that you hire is incompetent too you would have to sue him with a third. :rolleyes:
Don't let your anger confuse your judgement and don't confuse weak lawyering with malpractice.
Hiring lawyers even on a retainer basis can be pretty expensive stuff.
I don't know your circumstances, but most people would be better to get as far away from incurring more legal costs than they have already.


No more retainers for me. I would hire on contingency and give 50%. Funny thing is, a lawyer friend told me its open and shut based on one clause that was not in my agreement but he would never take case. Now I have three mistakes and each one can be measured financially

Lawyer = license to steal

Greyfox
06-03-2012, 11:41 AM
No more retainers for me. I would hire on contingency and give 50%. Funny thing is, a lawyer friend told me its open and shut based on one clause that was not in my agreement but he would never take case. Now I have three mistakes and each one can be measured financially

Lawyer = license to steal

You might want to read the article listed at the link below. It states:

"You should also know that very few lawyers (less than 50%) are protected by malpractice insurance. Most attorneys can't afford to pay large settlements when they are sued by their clients, which means you won't be able to collect on a judgment anyway."
http://voices.yahoo.com/can-sue-lawyer-malpractice-237541.html

Also, to prove "malpractice," likely will mean bringing in "expert witnesses."
In your instance that would mean Law Professors, other experts in Divorce etc. They would charge fees (and expenses), whether or not you won the case or not. Those costs would come back to YOU, not the legal beagle that you hired on a commission. And what about costs of the Courts??

It appears to me that suing a Lawyer for malpractice is a difficult pursuit.
If you wanted to hire another Lawyer for an appeal of the judgements against you, that might be a course to consider.

But still, and not knowing your circumstances, I'd say cut your losses now and move on in life. That's my story and I'm sticking to it.;)

LottaKash
06-03-2012, 11:52 AM
but its over my divorce agreement and yet another decision that went against me in family court that impacts me financially


BetHorses, I feel for you....Back in the day, my lawyer never showed up in court for my divorce, and I was never informed about the court date either.......

Talk about crucifixions..:( ....haha....

best,

BetHorses!
06-03-2012, 12:32 PM
But still, and not knowing your circumstances, I'd say cut your losses now and move on in life. That's my story and I'm sticking to it.;)


I understand 100% what you are saying

I'll disclose one thing w made up numbers


Lets say it was a $15,000 retainer

No tax code in agreement. Agreement silent on taxes. He assured me that since I pay more that 50% of the support, I claim child as a dependant.

We both claim the child. Did you make a mistake letters from IRS...IRS rules state custodial parent gets the deduction...I owe $5,000

What would you do based solely on that and I do have two others

BetHorses!
06-03-2012, 12:36 PM
BetHorses, I feel for you....Back in the day, my lawyer never showed up in court for my divorce, and I was never informed about the court date either.......

Talk about crucifixions..:( ....haha....

best,


Thank you and so sorry. My second lawyer didn't show. It took a year but got 75% of my retainer was finally refunded.

I call him the reverse bank. He borrows your money, does nothing and when he is forced to pay it back, he is entitled to whatever was billed including the $80 for the two sentence fax he requested and reviewed. So essentially he borrows and pays back less..

Dahoss9698
06-03-2012, 12:38 PM
What would you do based solely on that and I do have two others

I would contact another lawyer and stop seeking legal advice on a message board.

lamboguy
06-03-2012, 12:43 PM
go to the bar of overseer's they will get it done for you

DRIVEWAY
06-03-2012, 02:05 PM
I understand 100% what you are saying

I'll disclose one thing w made up numbers


Lets say it was a $15,000 retainer

No tax code in agreement. Agreement silent on taxes. He assured me that since I pay more that 50% of the support, I claim child as a dependant.

We both claim the child. Did you make a mistake letters from IRS...IRS rules state custodial parent gets the deduction...I owe $5,000

What would you do based solely on that and I do have two others

If this was the first year you and your "X" filed as divorced, it was probably a partial year. Consequently, all is not lost. Definitely refile the first full year of child support. The IRS may see it differently.

Considerations:
Does the "X" qualify for child tax credit?
If so then let it go. She probably needs the money and is less likely to come after you for increased child support.

If you can have an impartial third-part tax preparer review both of your tax returns with and without child deductions and head of household, you will both better understand the tax implications. Maybe you can cut a deal where it's a win-win outcome.

Define your loss. If it's 5k per year, then how many years. Fifteen years is 75K. What is the chance that you'll recover that money after new legal fees from your divorce attorney. There's a point where doing nothing is the smart choice. Plus, do you really want a lawyer running your life and an "X" and her lawyer suing you for legal fees etc.

Focus on your child and don't start picking him/her up in a new porsche etc.

There are no winners in divorce when children are involved. Love your offspring and get on with your life.

Good Luck

Marshall Bennett
06-03-2012, 03:19 PM
I would contact another lawyer and stop seeking legal advice on a message board.
Yeah and besides, would be difficult to sue anyone here. :)

JustCoolGene
06-03-2012, 05:38 PM
The best way to deal with a bad attorney is to complain to the state Bar Association. You would not believe how fast attorneys respond to your complaint. It is free, very effective, and you don't need another lawyer.

Gene

Ocala Mike
06-03-2012, 06:30 PM
The best way to deal with a bad attorney is to complain to the state Bar Association.





Saved me the trouble of typing this!

BetHorses!
06-03-2012, 09:27 PM
The best way to deal with a bad attorney is to complain to the state Bar Association. You would not believe how fast attorneys respond to your complaint. It is free, very effective, and you don't need another lawyer.

Gene


They give confidential slaps on the wrist...its ridiculous. And they cannot get you money back. If you are about to hire an attorney and want to see if he has a disciplinary record, guess what you can't see it

Greyfox
06-03-2012, 11:01 PM
They give confidential slaps on the wrist...its ridiculous.


On the mark in most instances. :ThmbUp:

But you started this thread.
Aren't you the guy behind the avatar that wants to go down this track?? G"Luck.

BetHorses!
06-04-2012, 08:35 AM
On the mark in most instances. :ThmbUp:

But you started this thread.
Aren't you the guy behind the avatar that wants to go down this track?? G"Luck.


If you obtain an attorney, they are suppose to protect your rights. When certain basic language is left out of an agreement, things that I understand are lawyer 101 but the average Joe is not suppose to know and every lawyer knows, why should I have to pay for these mistakes? Lets forget about the money, why is nobody held responsible? If I just complained to the bar, what would they do?

BetHorses!
06-04-2012, 08:40 AM
Let me add I got rid of the guy right after a judge ruled her hands are tied because of this agreement. I have the transcript, she said the agreement is terrible and used words such as "unfortunate" At the very least the bar should order the firm to file motions to fix their mistakes and eat the costs. But as far as I know that doesn't happen

BetHorses!
06-04-2012, 08:42 AM
I would contact another lawyer and stop seeking legal advice on a message board.


I was talking to greyfox because he was being nice and needed a bit more info. The topic of the thread is for a referral to a legal malpractice lawyer. Have a great day!

JustCoolGene
06-04-2012, 10:34 AM
I once sat on a jury where an attorney was sued for malpractice because of the way he handled the divorce filings for the woman in a divorce. Her husband left her and moved out of state, which created special circumstances in the way her attorney should have filed the divorce papers. In court, the malpractice attorney she hired had two attorney's testify and explain to the jury the normal way her bad attorney should have correctly filed the divorce paperwork. We the jury could then easily see how her bad attorney didn't follow normal established divorce procedures. After the jury seen how the bad attorney deviated from the norm, the woman accepted a large settlement. The key to this malpractice case was "did the divorce attorney follow normal and established legal procedures or did he deviate from the norm", which as a consequence, negatively cost the woman in her divorce case.

Gene

Robert Fischer
06-04-2012, 04:02 PM
as a man, over a $5,000 child claim tax issue out of a divorce situation, ... you aren't gonna win.

I didn't put much thought into this, and you may be in the right here, but you aren't gonna win.

Be happy it's over and use the negative energy you have to some good use. :ThmbUp:

Marshall Bennett
06-04-2012, 07:34 PM
Anger plays such a huge part in divorce cases, and attorneys drool over it. The previous poster makes a valid point.

BetHorses!
06-04-2012, 07:44 PM
as a man, over a $5,000 child claim tax issue out of a divorce situation, ... you aren't gonna win.




The $5,000 was 1 of 4 things that can be measured financially as a direct result of the attorney's negligence. In total its $50,000 counting the retainer

Cardus
06-04-2012, 07:51 PM
I was talking to greyfox because he was being nice and needed a bit more info. The topic of the thread is for a referral to a legal malpractice lawyer. Have a great day!

This thread is funny in a "Zippy Chippy" kind of way.

bigmack
06-04-2012, 07:56 PM
This thread is funny in a "Zippy Chippy" kind of way.
Why do you respond to posts directed at dahoss9896 & he of you?

Word has it you two can be found at the lower level of every NYRA track complaining they raised nacho prices by a quarter, while some of that rich nacho cheese is dripping from your Members Only jackets.

Q: Are you two an item?

BetHorses!
06-07-2012, 02:11 PM
I called a firm that specializes in going after bad lawyers...they wanted $750 for consultation! Hahahaha