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Personal injury attorney needed who will gamble 1/2 hour of time for a big payoff.

Woodland Hills, CA |

This is personal injury - emotional distress.

I have a case against Wells Fargo, N.A. and others for emotional distress due to a wrongful foreclosure.

I'm not your average "whack job" making up some story, etc. I have the law and facts on my side; what I don't have is $$ to fight a big-box firm that bills at $450 per hour.

The story is both simple and convoluted but I guarantee you, the FACTS and the applicable law almost guarantee a winner.

Broad brush picture: Wells Fargo foreclosed on my house and bought it losing me $70,000 in equity, AND, in violation of the automatic stay in my Ch. 7 BK.

Give me 1/2 hour (I'm not asking for free advice) and let me SHOW you documents, tell you facts you can verify and if needed, show you plain law that applies to the facts.

Any gamblers here?

Attorney Answers 5

Posted

I'm willing to listen.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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7 lawyers agree

Posted

Contact Atty Patrick if you havent already.

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9 lawyers agree

Posted

So you want someone to take on Wells Fargo and its big box lawyers, on a contingency, and no doubt pay all the expenses for 1/3 of $70,000 in lost equity if that number is correct and a jury gives you everything you ask for on that. And, who is advancing the daily jury fees of $300 per day?
As far as emotional distress- you sound cool and collected to me.

On the other hand, if we lose, your lawyer gets nothing, and is out costs?

Typically lawyers handle personal injury cases on a contingency where liability is clear and damages are in the area of mid-six figures, sometimes lower.

I have handled commercial litigation where the damages are over $400,000 on a contingency and the client will pay all of the expenses. This is hard damages, no emotional distress.

Under no circumstances would I ever take a $70,000 commercial case on a contingency--no matter how you pump it up.

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14 lawyers agree

5 comments

Asker

Posted

Thank you for your insight. Clearly you don't see the emotional distress aspect or maybe have ignored the recent case(s) on point. And of course, you have no clue as to the facts and proof. With all due respect - - - I would never ask (nor accept) you handling my case.

Robert Pecco Baker

Robert Pecco Baker

Posted

7 Lawyers agree w me. Do you still think I am being a jerk?

Asker

Posted

I never used that term, but your attitude and language is more what I would assume a jerk would use than a professional. Reasonable minds may differ. Numbers do not make right. I suggest a remedial course in diplomacy would help you with your communication skills.

Christine C McCall

Christine C McCall

Posted

My view is that Mr. Baker has shown you the respect and provided you the considerable benefit and service of unambiguous candor. "Diplomacy" and telling potential clients what they want to hear, is the easy way out. There are lots of contexts in which cheerleading is a service, or at least harmless, but when the post published on this site evidences that a real person with real legal interests is on the threshold of one course of action or another, that is not the time for "diplomacy." The asker deserves a higher degree of professional effort, even if push-back and annoyance is inevitable. No one likes being told bad news, but unwelcome information is sometimes necessary. I have from time to time in my own life needed to rely on legal counsel and service by other attorneys, and I learned the hard way how critical is the attorney's capacity for straight-talk.

Asker

Posted

First, he didn't understand my question. Of course no one likes bad news, but I still feel/believe diplomacy never hurts. With that said, I extend an apology if I over-reacted. I know he was trying to help with his objective point of view. Thanks.

Posted

How many attorneys/law firms have you previously presented the case to?

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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9 lawyers agree

4 comments

Asker

Posted

None asking them to take the case. . As I said to another attorney here, the facts were put on AVVO some time ago and one atty back East said bank was absolutely wrong if what I said was correct. I also told the facts to another attorney friend, but he does strictly criminal defense but as with other atty, said if what I said was true, bank "may well" be liable. I am totally at a loss to understand how so many attorneys shoot me down when they haven't reviewed the FACTS and supporting documents (and the law I have had researched). Fascinating.

Christine C McCall

Christine C McCall

Posted

Well, Avvo is not set up as a place to advertise and solicit for specific work. What you should do is use Avvo "Find a Lawyer" feature to identify some suitably skilled, and experienced attorneys in your region and then request those attorneys to schedule an initial consultation and discussion about the case. You have a possibility, by that method, of making the substantive points that can make the difference. In this Q and A forum, that message can be very difficult to communicate, and you do not necessarily reach those you should be connecting with. Try to work the resources of Avvo more specifically. Separately, it is always a very bad idea to tell attorneys that you have a "winning" case. Attorneys know just how many potentially case-destroying obstacles lie between filing the complaint and cashing the check after judgment, and all attorneys will tell you that there is NO SUCH THING as a case that is a sure winner. When you meet for consultations about your potential lawsuit with some specifically chosen attorneys, stifle the grandiosity and let the facts of the case speak for the case itself. You will almost certainly have better results. I guarantee you will enjoy more attentive listeners that way.

Michael Raymond Daymude

Michael Raymond Daymude

Posted

Ms. McCall makes some very good points. If you take them to heart you may just find the attorney you seek.

Asker

Posted

Ms. McCall. Both of your points are extremely well taken and respected as you are an objective party I am reminded that attorneys, as with all humans, are not perfect an can make mistakes. My comment above came from an attorney here who told me dismissal without leave is the same as with prejudice. Thank you.

Posted

The only certainty is uncertainty - sounds cliche but it's true. There are almost no guarantees in prevailing against another party - let alone against one of the largest banks with potentially "unlimited resources." However, I think if the facts are strong, there would be plenty of competent attorneys willing to consult (free of charge) to assess whether or not they'll take your case. I don't believe my colleagues are gamblers - our profession is to minimize the risks involved before making a very calculated attack. Good Luck.

This answer should not be used as a final ruling on your case as more facts are needed to fully understand and expound upon your legal inquiry. This answer should be used a short introduction to the legal theories that may apply.

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3 lawyers agree

1 comment

Asker

Posted

It is terribly frustrating when so many people cast a negative opinion when no one is willing to even look at the facts. How much of a gamble is it to invest a few minutes to review some facts, evidence and law. Truly, there is a potential very large recovery here from a deep pockets bank. I can even email everything and a chronology of FACTS. I keep pushing facts because (in theory) the facts should be the determining factor (along with the law that applies. I have all thiss written down but no lookers. Frustrating.

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