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06-03-2012, 10:43 AM
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#1
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Registered User
Join Date: Jan 2004
Location: Queens, New York
Posts: 2,269
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Anyone know any Malpractice Attorney's
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
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06-03-2012, 11:04 AM
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#2
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Registered User
Join Date: Jan 2007
Posts: 18,962
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Quote:
Originally Posted by BetHorses!
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
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If the lawyer that you hire is incompetent too you would have to sue him with a third.
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.
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06-03-2012, 11:23 AM
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#3
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Join Date: Jan 2004
Location: Queens, New York
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Quote:
Originally Posted by Greyfox
If the lawyer that you hire is incompetent too you would have to sue him with a third.
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.
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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
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06-03-2012, 11:41 AM
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#4
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Join Date: Jan 2007
Posts: 18,962
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Quote:
Originally Posted by BetHorses!
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
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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-lawy...ce-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.
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06-03-2012, 11:52 AM
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#5
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Registered User
Join Date: Apr 2008
Posts: 6,843
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Quote:
Originally Posted by BetHorses!
but its over my divorce agreement and yet another decision that went against me in family court that impacts me financially
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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,
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"Cursed be the man who puts his trust in man" - Jer 17:5 (KJV)
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06-03-2012, 12:32 PM
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#6
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Registered User
Join Date: Jan 2004
Location: Queens, New York
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Quote:
Originally Posted by Greyfox
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.
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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
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06-03-2012, 12:36 PM
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#7
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Join Date: Jan 2004
Location: Queens, New York
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Quote:
Originally Posted by LottaKash
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,
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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..
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06-03-2012, 12:38 PM
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#8
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Veteran
Join Date: Sep 2007
Posts: 9,047
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Quote:
Originally Posted by BetHorses!
What would you do based solely on that and I do have two others
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I would contact another lawyer and stop seeking legal advice on a message board.
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06-03-2012, 12:43 PM
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#9
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Registered User
Join Date: Sep 2007
Location: Boston+Ocala
Posts: 23,770
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go to the bar of overseer's they will get it done for you
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06-03-2012, 02:05 PM
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#10
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Registered User
Join Date: Oct 2005
Posts: 1,000
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Quote:
Originally Posted by BetHorses!
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
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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
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06-03-2012, 03:19 PM
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#11
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Registered User
Join Date: Oct 2007
Location: Houston , Tx.
Posts: 9,596
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Quote:
Originally Posted by Dahoss9698
I would contact another lawyer and stop seeking legal advice on a message board.
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Yeah and besides, would be difficult to sue anyone here.
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06-03-2012, 05:38 PM
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#12
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Registered User
Join Date: Oct 2009
Posts: 117
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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
Last edited by JustCoolGene; 06-03-2012 at 05:43 PM.
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06-03-2012, 06:30 PM
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#13
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Registered User
Join Date: May 2010
Posts: 5,005
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Quote:
Originally Posted by JustCoolGene
The best way to deal with a bad attorney is to complain to the state Bar Association.
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Saved me the trouble of typing this!
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06-03-2012, 09:27 PM
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#14
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Registered User
Join Date: Jan 2004
Location: Queens, New York
Posts: 2,269
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Quote:
Originally Posted by JustCoolGene
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
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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
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06-03-2012, 11:01 PM
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#15
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Registered User
Join Date: Jan 2007
Posts: 18,962
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Quote:
Originally Posted by BetHorses!
They give confidential slaps on the wrist...its ridiculous.
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On the mark in most instances.
But you started this thread.
Aren't you the guy behind the avatar that wants to go down this track?? G"Luck.
Last edited by Greyfox; 06-03-2012 at 11:05 PM.
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