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Legal Malpractice? Is there any recourse with a lawyer who does not open up his clients evidence, lies about doing so?
Anonymous2 views4 answers
My lawyer was suppose to gather my evidence which he did. I doubt he looked at it. I asked for the evidence myself. He sent a CD. The CD had missing evidence, blank pages, when I would not sign a settlement. He wanted the court to appoint a legal guardian to sign for me. The lawyer who he wanted to be appointed, told my witness and myself that evidence is never complete and I should listen to my lawyer and not complain or he would withdraw. I was told to produce a list of evidence. I did. Then POA got mad and wanted the documents at the end of the week. The four of us met. The POA used threats and intimidation to force me to sign. I said enough of this bullying.
I sent the still missing documents to my attorney. I doubt he open up this CD also. Is there anything that can be done?
Without knowing the type of case, what the evidence to which you refer is, it is impossible to tell you what can be done. Since you indicate that you have hired an attorney, you should direct your questions to him or her. Not only would it be ethically suspect to second guess your attorney, he or she will have far more information about the situation than anyone on a simple question and answer forum would have.
If you feel your attorney is not adequately representing your interests, I would suggest that you relay your concerns to him or her first, and then perhaps consider hiring a new attorney if you are still unsatisfied. Odds are, however, that your attorney is looking out for your best interests.
In order to prove legal malpractice you have to show damages, in other words, what did this attorney do that negatively affected your case? For example if an attorney falls asleep during the cross examination of a police officer which RESULTS in a whole bunch of inadmissible evidence getting in convicting you. Then you have shown that his failure to act CAUSED damages.
If you cannot show how you have been legally detrimented, I would suggest you hire a new lawyer and get back your money minus the reasonable value of services rendered (qyuantum meruit) which your lawyer is entitled to. How about you speak with your lawyer before all of this?
Your question is confusing and appears to have many missing facts. If you have concerns and do not feel you can speak about them to your lawyer, consultation with and get a second opinion from a local attorney who practices in the same area of law as your case.
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
If we are appointing guardians, there clearly is a problem with your competence and ability to understand things, at least in some people's eyes. Consult with separate counsel to determine your rights.
