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I have an injury due to property neglect, My Attorney is trying to force me into taking a settlement that is clearly is worth far more, He has not made a counter offer as instructed. He said he will with draw from case. He is just trying to grab a...
If you disagree with your lawyer as to the value of the case, you always have the right to fire him and retain a new lawyer.
Lawyers are entitled to decide what they believe a case is worth, and also entitled to end representation if they do not believe a client is taking an appropriate settlement.
You may be right and you may be wrong about the value of your case, but in the end if your lawyer says it is this or nothing, your options are (a) to take the settlement or (b) to hire a new lawyer.
You might want to ask him why he thinks the settlement is reasonable, if you have not done so. The reality is that most cases are not worth as much as clients think they are. It is understandable. You no doubt have suffered a great deal and your life has been greatly impacted. But your lawyer will know what kind of verdicts are common in your jurisdiction, and also knows the risks that come with bringing a case to trial. In some jurisdictions juries are very generous and in others they are not.See question
I'm involved in an assault case where the victim provided me with a letter stating that she didn't want me to be prosecuted. She also stated that had I not been suffering from allergies and low blood sugar then I wouldn't have responded to her the...
When you retain an attorney it is critical that you listen to and trust that attorney's advice and wisdom. That attorney, unlike those of us here, is familiar with your entire case, the prosecutor, the witnesses, and everything else. None of us is in a position to second guess your lawyer.
Your lawyer is making choices about trial strategy. These are within his purview as your lawyer and there is nothing unethical or illegal about them.
I can tell you generally, and not specifically to your case, that a letter from the victim is very unlikely to change a prosecutor's mind about bringing you to trial. Victims often change their minds because they are afraid of and/or love the person who assaulted them, and for any number of other reasons. I can also tell you that I would be utterly shocked if allergies and low blood sugar would change a prosecutor's mind about bringing an assault case to trial.See question
I suffered a disabling injury and had to file a lawsuit as a result since it was a negligent property owner at fault. The first law firm I hired dragged the case out and severely screwed up, but I didn't know how badly until almost the trial date....
I am sorry to hear about your situation. You say you filed a legal malpractice claim on the advice of a legal professional. The only thing I can suggest is that you ask that legal professional or you retain a lawyer to answer your question.
You are asking a very specific question which is part of the underlying strategy of a case. No one here can properly give you advice, because we do not and cannot know the appropriate answer.
Legal malpractice cases are extremely complex, require expert testimony, and have many, many aspects. You will need a lawyer to help you regardless.
Best of luck.See question
If I hire a lawyer in Detroit to sue someone in Orlando where would the filing be done
The suit has to take place where the court has both subject matter and personal jurisdiction against the Defendant. If the suit is involving Florida law with a defendant who has appropriate contacts (legally speaking) with Orlando, the case will be filed there. Of course, you then need a lawyer who is licensed in Florida or who can be admitted pro hac vice (for one time). It is generally best to hire a lawyer in the state where the suit needs to be filed.
If you call a lawyer in either state and give them the facts, they should be able to help you determine where to file suit.See question
Is that allowed? Is that a common scenario or extremely rare? The reason would be unethical behavior (knowingly using false facts as a defense strategy).
Can you? Yes. Should you? Your lawyer can advise you on whether to do so.
Keep in mind that accusing the lawyer on the other side of doing unethical things is par for the course and extremely difficult to prove. In addition, rarely will the ethics board do anything during litigation, since they do not want to impact the litigation. So if your purpose in filing a complaint is to try to fix something you think is wrong in the litigation itself, a complaint won't help that.
If opposing counsel is engaging in misconduct which your lawyer feels needs action during litigation, your lawyer is the right one to file an appropriate complaint with the judge for sanctions. If your lawyer does not feel it is appropriate to file a complaint for sanctions, it is because your lawyer does not feel the conduct is sanctionable and/or the lawyer does not think it is a good idea.
The reality is that, while opposing clients often think the other lawyer is unethical, rarely does their conduct rise to that level. Litigation is very upsetting and it often feels like the other side is lying. I am not saying it never happens, but actual lies on the part of counsel, as opposed to differences of opinions about the facts, are two very different things.
It really is best that you speak to your own lawyer about your concerns. You don't want to disrupt your lawsuit or cause a situation of greater difficulty for yourself or your lawyer.See question
I haven't heard from my lawyer sence 2015 I always talk to his assistant my case was filed in 2013 how many more yrs can they drag me
You haven't talked to your lawyer in 2 years? Have you reached out to him? I imagine you have, but if you haven't please do. If you have, and he hasn't responded, send him a certified letter asking for an update on your case. If he still refuses to respond, then go to the disciplinary body of your state.
As far as how long the case can go on, unfortunately, some cases can go on for many years. It depends on the type of case and its complexity, along with other factors.See question
I am just starting the process of selling my house. I was told that there are numerous fees involved,such as document stamps and transfer of title fees etc...can you explain what is involved?When do I pay these fees? At Closing?
Do you have a realtor? The realtor can go over all of the fees and costs. Who pays them can vary, depending on the final sales agreement.See question
My attorney defends the opposing partie's interests, does not answer my questions directly, refuses to tell me what the mediator handling our case says, tells me different stories about what was said in phone conferences with the other attorney. A...
If you believe your attorney has violated some ethical rule, you can go to this website for details on filing a complaint. https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/ContentDisplay.cfm&ContentID=23454See question
I have been using Walmart.com a while, I was on the other day but I'm fabric softener and saw it said 8/carton, thinking that $3.97 was cheap for the price of 8, I live chatted with Walmart customer support. They told me it was indeed 8. I then or...
It could be, or it could simply be a mistake. If you kept records of everything, best to reach out to the consumer affairs department of the attorney general of your state.
It sounds more like bad customer service though, and a mistake than it does anything else.See question
An adult woman I know was sexually groomed to send degrading nude photos and videos of herself to a man. She was vulnerable, isolated and suffered from lower self-confidence and he knew so. He gained her trust by using praise, superficial charm, a...
I am sorry that your friend is going through this.
The key word here is adult. While it would be illegal to engage in the same conduct with a child, it is not illegal to do so with another adult. Had you told me that the therapist engaged in the conduct, I would say something different, because the therapist has a specific duty to their patients. Violation of such a duty could easily lead to a civil lawsuit. But legally speaking, regular people do not have a duty to be good to each other, and I am not aware of any legal theory for which one adult can sue another because one manipulated the other into giving pictures, barring some special duty or circumstances.
There is a criminal law involving posting of nude pictures here in Pennsylvania, a revenge porn law, but as long as the man in question keeps the pictures to himself, I do not see any particular basis for a lawsuit. Negligent infliction of emotional distress in Pennsylvania requires very specific things, none of which this situation meets, as I read about it. Intentional infliction of emotional distress requires very, very extreme acts. You can read about it here http://corporate.findlaw.com/litigation-disputes/pennsylvania-ruling-intentional-infliction-of-emotional-distress.htmlSee question