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

Asked 3 months ago - New York, NY

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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

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Attorney answers (10)

  1. Pro

    Contributor Level 17

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    Answered March 11, 2013 09:38. 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... more
  2. Contributor Level 9

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    Answered March 11, 2013 09:40. 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!

  3. Contributor Level 20

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    Answered March 11, 2013 09:43. 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... more
  4. Pro

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    Answered March 11, 2013 09:38. Likely not

  5. Pro

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    Answered March 11, 2013 10:03. 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... more
  6. Contributor Level 20

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    Answered March 11, 2013 09:45. 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... more
  7. Contributor Level 9

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    Answered March 11, 2013 10:01. 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... more
  8. Pro

    Contributor Level 20

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    Answered March 11, 2013 15:03. Automatic or revolver?

  9. Pro

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    Answered March 12, 2013 18:54. 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.

  10. Pro

    Contributor Level 17

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    Answered March 14, 2013 13:23. 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... more

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