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Can my old attorney be sued for a tort claim for emotional duress if he brandished a handgun in front of me.

New York, NY |

I was in his office discussing a real estate deal. He a some point in time went into his draw and pulled out a handgun it made me very scared and I had left his office in a very bad emotional State. Do I have a personal claim against him for punitive damages

Attorney Answers 10

Posted

While highly unusual, as with anything it would depend on the circumstances. You would need to provide more facts to properly answer your question. Further, you would need medical documentation to support your emotional distress claim.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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Posted

Likely not

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Posted

You made the right decision in making this attorney your "old attorney." He shouldn't be waving guns in the air when he is discussing legal issues or real estate deals. If a gun was pulled on you, you should report that to the police, it is menacing. You may have a civil claim as well. Consult further with an unarmed attorney!

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Posted

I have a police report. Also I have been seeing a doctor as well

Posted

Seriously? This type of situation would not be favored by attorney oversight.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

Emotional distress requires proof of damages such as medical bills. While inappropriate, it is unlikely that without more you have a claim for emotional distress.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Unless you sought medical treatment for your problem, it might be very difficult to prove damages. However, this type of conduct seems very odd, and your State's attorney discipline board most likely would not approve of this type of behavior.

I am not licensed to practice law in your State and am not familiar with the laws applicable in your State. You need to contact an attorney licensed in your State to get a true answer to your problem. Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel

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Posted

You probably do not have a civil claim against him. There may be a criminal claim depending on the facts and the extent to which you reasonably felt threatened. In additional, you may want to report him to the Departmental Disciplinary Committee. See link below. I'm sure they would be interested to know about this so that the lawyer can be disciplined.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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Posted

Automatic or revolver?

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Posted

I thank you for the comment. I was advised to go to the attorney general with my police report.

Posted

I do not believe that you have a claim that is actionable. Your lawyer should never do anything that would harm you or put you in harms way but we would need more facts and context to make a further opinion.

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Posted

You're leaving a lot out. Why would he pull a gun? Did he point it at you? Were you discussing fees owed? These are questions, and more like them, alter the outcome of any answer.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

He said he needs that for protection against people that he had problems with in the past. Not normal behavior!!

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