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