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Does a consent to withdraw nullify my ability to sue my for breach contract of intentional infliction of emotional distress?

Gainesville, GA |

I have been over the hills and through the woods with this attorney. He has agreed to pay me back as soon as the judge grants him a withdrawal here less than a month before trial. I have contacted attorneys that tell me I should of fired this attorney long ago but I have been the unassuming , trusting, idiot that believed in the oath you attorneys take. But no more! I want to sue this attorney for not only myself but for every attorney that loses sleep and time with their kids to practice law the right and ethical way. This is a very unfortunate situation but hiding behind immunity and the fact that this hardly every works (suing an attorney). Is not enough to keep me from trying. Good attorneys seek the truth, but great attorneys find it.

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Attorney answers 3

Posted

You can sue the attorney for malpractice (his insurance carrier will likely defend him). You can also make a complaint to the State Bar of Georgia. For the lawsuit, you can find an attorney from you local bar association or use the "find a lawyer" tool on this site. If you have any other cause of action other than malpractice, your lawyer can advise you. Keep one thing in mind: if you told this attorney anything that you wish would not see the light of day, please bear in mind that when you sue an attorney, he is allowed to break the attorney/client privilege to the extent necessary to defend himself. You can balance that against your desire for the suit, if you did not tell him anything worrisome, then it's not a concern. I just want you to be armed with all the requisite knowledge.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Golnar Sargeant

Golnar Sargeant

Posted

As to your question about the withdrawal, normally no, it does not waive rights against the attorney, but no one can be sure without reading it. Read it carefully and you may want to have your new attorney review it. DISCLAIMER: We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Posted

You can complain to disciplinary board.

Asker

Posted

Yeah I am contacting the bar but can sue?

Posted

No. Any cause of action you may or may not have (IIED claims are notoriously difficult) against your soon-to-be-former attorney has accrued and is not cured by a voluntary withdrawal.

The information above is for informational purposes only and it not intended, and should not be taken, as legal advice. Your receipt of this information does not create an attorney-client relationship and you should not act on this information without consulting an attorney.

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