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What is a case within a case?

Three Rivers, MI |

In the process of divorce, my vehicle was repossessed. I feel it was my attorneys duty to inform me of the options I had to keep this from happening. He did not. The agreement was made in mediation through my attorney. I was aware immediately of discrepencies in the final paperwork which I brought to my attorneys attention and he did nothing to "fix" it. Stating I should sign the mediation agreement and we would deal with the issues I had at a later time. (As I was living without any source of income other than my own earnings) This never happened and as a result, my vehicle was repossessed, lost my job and a hit to my credit at a time when my credit is extremely important to me. My ex and Iwere together for 24 years. Married for 16. 2 teenage daughters.

Attorney Answers 4


Your question is not clear but here is what I think is happening: You feel that your lawyer made some errors that cost you some harm/money. You discussed this with another lawyer or you did some research on your own and you learned that to pursue a legal malpractice case you need to "prove a case within a case." Here's what that means. YOur file a legal malpractice case against a lawyer claiming he/she made an error that cost you something in that underlying case. In order to win the malpractice case you need to show 1. the attorney made an error and 2. if the lawyer had not made that mistake you would have won that underlying case. You have to in a sense prove BOTH cases--prove your case against the lawyer and prove he/she would have won that other case if everything was done right.
Again, not sure what you're asking but this is my best guess.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

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You are exactly correct. I was not informed of what the mediation process was about or given a choice to partake in the mediation process. Just told by my attorney to just show up. I did this and was asked to wait down the hall with the doors closed while my attorney did all the mediating for me. (I have a recording(s) that would be very informative as to his intentions on this day) I left the mediation halfway through, driving 20 minutes towards home when I was told to turn around and get back up there or it would be a very long time before I had money coming in. I have been with my ex for 26 years, 1st and only divorce I pray. I was unfamiliar with this mediation process and was not directed for $240./hour how to handle this situation where my ex was failing to comply with the mediation agreement. I contacted my attorney who did not advise me or help with resolution at all. Thank you for taking the time to reply. I APPRECIATE ALL THE ADVICE I CAN GET.


I presume your question is based on the notion that you want to sue your former attorney for this problem, but I cannot be sure.

Can you clarify?

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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I'm not sure what the question has to do with the fact pattern you present. Addressing the facts, if you think your attorney made a mistake or you don't think s/he is representing you adequately, you need to find another attorney and discuss the mistakes so the new attorney can address them before the judge issues a final judgment of divorce.

Good luck.

This answer is based on the limited information provided and is not to be relied on as legal advice. You should consult an attorney before taking any action that may affect your case or potential case. Furthermore, this response does not establish an attorney-client relationship between you and this attorney. Please contact this attorney directly to retain his services or for a free consultation.

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It does sound like you question is I lolling legal malpractice. You should contact a local lawyer practicing in this area. Whether you can successfully bring a claim probably will be determined by what the discrepancies are in the paperwork and whether not doing anything about them was below the standard. If they were minor it might be a judgment call, but with the damages you have described it doesn't sound minor.

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