What type of attorney should I set up a consultation with to sue opposing counsel attorney for what I’m convinced was a falsified medical claim to gain a continuance in child custody trial, where the added time until the next court date would have substantial benefit for their client. Opposing counsel claimed they had a medical procedure the day before that required being medicated to the point they could not attend court the next day, even with opposing counsel being two attorneys working the case. To many things that don’t add up and past the common sense test. This is just one of them in a series. No attorney would schedule a procedure that would require being medicated the day before a court date for a case that’s dragged on as long as ours has, since June 2014. Just need to know what type of attorney to seek out for consultation on this.
You don't have a valid legal claim against the attorney for that. If you have evidence (other than "the common sense test") that the attorney lied to the court, then you can bring it to the court's attention and the bar disciplinary organization's attention. Just being suspicious is not enough.
This communication is general in nature and not to be construed as legal advice or creating an attorney-client relationship. All situations are different and you should meet with and discuss your particular situation with an attorney.
I tend to agree with Mr. Collins. I think you may be jumping to conclusions. Few attorneys are going to purposefully schedule a medical procedure to delay a case. To someone not accustomed to the legal system, a lot may not make sense, but these delays may be typical. Have you discussed this with your lawyer? he or she would be in the best position to advise you.
You could see seek out a legal malpractice attorney, but you don't appear to have even the peppercorn of the case. You're spinning your wheels trying to figure out ways to take your vengeance on opposing counsel, that's the first step pro se litigants take when they're drowning, lash out at the court or the attorney on the other side. A you could see seek out a legal malpractice attorney, but you don't appear to have even the peppercorn of the case.
You're spinning your wheels trying to figure out ways to take your vengeance on opposing counsel, that's the first step pro se litigants take when they're drowning, lash out at the court or the attorney on the other side.
By the way, that is exactly what opposing counsel wants you to do, waste your time effort and energy on fruitless dead-end efforts.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
I think all prior counsel are correct. Assuming you are represented by counsel, you should share your concerns with him/her, and ask if this situation merits court sanctions or an ethics inquiry with the State Bar. If you are not presently represented by counsel, you should independently consult with an attorney to discuss this in great detail. Based on your post alone, I do not think either recourse is appropriate at present, but it is worth a consultation with an attorney. I would not advise your taking any action on this until you have a professional legal opinion as to whether the opposing counsel's conduct is sanctionable by either the court or the State Bar. Have a blessed Memorial Day weekend.
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