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Old 08-21-2017, 03:39 PM   #1
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Trying to settle a legal malpractice case

I am trying to settle a legal malpractice case. My old attorney cost me $28000 (two years of pay) because he forgot to put the deadline for appeal on his calendar and missed the deadline a few years back. At the time he told me what i wanted to hear that he would take care of it and that i did not have to worry, he even told me i could sue him at the time but i didnt want to sue a currrent attorney. After i won my second case i ask him for the money and he pretty much said screw you.

I did get a malpractice attorney to try to settle with him or get an offer but Mr. yyyyyy is trying to be a total snake in the grass and a putz and plans to fight this. That attorney gave up because he said the money was not worth his time. So i am representing myself now.

Disclaimer: I know anything said as a reply here is NOT legal advice and is just converstation so dont worry about that, this is just forum conversation.

I sent his attorney this letter and i wanted to see how you all felt out how he might react or how you would react so i can be better prepared for what might come back from this, maybe this was wrong to do or wrong words to use but i want to get on with my life and get this done and in my past.

Here is the letter i have changed the names for privacy.

Quote:

Hi Mr. xxxxxx,

I understand that you are representing Mr. yyyyyy on this issue and so i am contacting you directly. I have decided to represent myself (for now) and so my attorney Mr. rrrrrr will no longer be contacting you. My name is David lastname and Mr. yyyyyy cost me 2 years of pay due to his neglect and his legal malpractice with regard to my disability case. On top of forgetting to calendar the appeal deadline, he also made promises to me that he never kept, he either outright lied to me or he didnt know the law or both several times, i know it and he knows it as well. All of which contribute to his inability to represent me effectively and further contributes to the legal malpractice case i speak of.

Mr. yyyyyy presented himself as a GOD fearing man many times during our conversations but he is sure not acting like one right now with his attitude and not wanting to do the right thing for his fellow man. If someone took 2 years of his (or a family memebers) pay due to no fault of his (their) own im sure he would have a different perspective.

You will find that i am extremely tanacious and i expect and will get a fair payment for what he cost me.

So here is how i am willing to proceed on this case.

First i am prepared to go to the media over this matter which may cost him more business than this case is worth to him.

Then i will also file a complaint with the BAR in which i have plenty of evidence to back up my claims.

Then i will file the claim in court myself and to be sure i get all $28,000.00 i may file for each year individually in which i know i can win the case in all claims with the evidence i have. Remember that in NM i do not have to notify anyone that i am recording them.

Then i will hit the social media telling my story to everyone i meet which may also cost him business.

Then if i have to, i am prepared to put together a team to picket his offices legally.

If educating people on my experience happens to cost him more than one clients business, then that will cost him more than my settlement offer below.

Mr. yyyyyy did me wrong, plain and simple, he lied to me and he failed as a lawyer to represent me properly, period!

However, because im sure that we all want to move on with our lives and not have this cost anyone business or get ugly in court, im am willing to come to a compromise here as i am not a evil or vengefull person.

I will settle and walk away from this case for $6400.00 which is about the cost of one of Mr. yyyyyy clients. I chose that amount because its enough to sting him and remind him to NEVER let this happen again and its enough to also remind him that he and his staff hold a very important and very personal responsibility in a clients life. Clients depend on him to get it right and to know the law and to take care of us properly.

I also want an apology from Mr. yyyyyy for the suffering that this has caused me, i feel i deserve it.

You are more than welcome to reply with a counter offer if you like, but i will advise you that i am quite firm on my offer. However i am willing at this point to be alittle bit flexible.

Please let me know within 10 business days how you would like to proceed.

Thank you for your time.

David lastname
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Old 08-21-2017, 03:57 PM   #2
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I know attorneys carry "errors and omissions" insurance policies. If they do something wrong or forget to do something that's why they have the insurance policy to cover them. Why not file against him ?
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Old 08-21-2017, 04:08 PM   #3
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I know attorneys carry "errors and omissions" insurance policies. If they do something wrong or forget to do something that's why they have the insurance policy to cover them. Why not file against him ?
I know he has insurance he told me so back then. I have a relative that is an attorney but they dont do legal malpractice, they told me that in most cases if its a small sum of money like this the insurance company will just say pay it.

The problem is this guy is just being an idiot he will fight this even if its $5.00 and even if the insurance company tells him to pay it, because he thinks i dont deserve anything. Im trying to offer them something so we can both go on with our lives.

I gave them 10 days then i will file but i have to file in magistrate court which means i can only file for max of $10,000 so i will have to file 3x to get all my money. $9999 + $9999 + $8000

The other thing is that i am in Texas right now and i dont know if i can file here in Texas or if i have to do so in NM. I know Mr. yyyyyy has an office in El Paso as well so i might be able to file in Texas for this which means i dont have to run back and forth to NM for the trial.

His defense is that he says i would not have won the case anyway, which is pure speculation. He says we lost the hearing case and would have lost in fed court, but he never told me that back then. Back then he told me he could not wait to get to fed court because they would settle out of court. Also he said once i won my second case he would petition to open the first case to get me my money. After the fact i find out you cant do that, he lied to me or didnt know the law.

We only lost the hearing because of a biased judge, and its well documented from not just me but others that he is entirly biased. Once i was represented properly and had a decent judge i won fully favorable.
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Old 08-21-2017, 04:12 PM   #4
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Not sure but I think it may be a stipulation in his errors and omissions policy to report any potential claim against it. If so , you could advise him to do so. That may get his attention.
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Old 08-21-2017, 04:16 PM   #5
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Sometimes 'piece of mind' is worth MORE then the headache, aggravation, stress.

Move on and ENJOY the rest of your life.
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Old 08-21-2017, 04:23 PM   #6
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Sometimes 'piece of mind' is worth MORE then the headache, aggravation, stress.

Move on and ENJOY the rest of your life.
I totally agree, however my case will come up for review again in 2.5 years. If i dont pursue this it may come back to haunt me as they might say "why didnt you do that" and ill have to explain everything again.
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Old 08-21-2017, 05:44 PM   #7
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The biggest problem I see is that he is a attorney and your not. It want cost him a dime to drag it out forever. I don't know about social media with attorneys, but it hasn't hurt CW at all.
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Old 08-21-2017, 05:55 PM   #8
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I'm not so sure you may not have prejudiced yourself by asking for the lower dollar amount if your going to pursue the matter.

You put a lot lower value on the situation in my opinion if and when it comes to a point of a settlement discussion.
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Old 08-21-2017, 07:38 PM   #9
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I'm not so sure you may not have prejudiced yourself by asking for the lower dollar amount if your going to pursue the matter.

You put a lot lower value on the situation in my opinion if and when it comes to a point of a settlement discussion.
My dad said the same thing, that once i put an amount on it that is all the court will give me, but he is not an attorney either. I think its normal to offer a lower amount to skip the court process, then if they dont accept then ill file, and then ill have to be a real donkey's butt and go for blood (figure of speach)
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Old 08-22-2017, 09:59 PM   #10
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Did you send the letter? If so it is a mistake. You allowed him to know all your secrets and plans to get what you want. You made some insinuations that may not hold up to a judge. To get around this ,you probably should of just introduced yourself as the legal rep to you--State the case you have against him. Sign off and wait for his reactions. Now that he knows exactly what you are going to do, he will counter it and being the attorney he is, will probably win it. Making threats of what you are going to do adds nothing to the case at hand. Whatever I wish you the best in this matter.
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Old 08-22-2017, 10:16 PM   #11
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Did you send the letter? If so it is a mistake. You allowed him to know all your secrets and plans to get what you want. You made some insinuations that may not hold up to a judge. To get around this ,you probably should of just introduced yourself as the legal rep to you--State the case you have against him. Sign off and wait for his reactions. Now that he knows exactly what you are going to do, he will counter it and being the attorney he is, will probably win it. Making threats of what you are going to do adds nothing to the case at hand. Whatever I wish you the best in this matter.
But i did not threaten anything illegal, i just said i would tell my story, my experience which is my legal right to do so. I didnt give alway all my secrets just most of them, i still have a few things up my sleeve. and yes i already sent it. Ill wait to see what they do, they may not do anything.

Im still researching if i have to file in NM or if i can file in TX since he as an office in El Paso. I would be nice if i could just file locally here in the magistrate court, i guess thats where i file, ill have to research that as well.
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Old 08-22-2017, 10:19 PM   #12
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Old 08-22-2017, 10:44 PM   #13
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Quote:
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Words of wisdom:
Abraham Lincoln Had It Right - “He who represents himself has a fool for a client”
The problems are that unless i can find someone to take the case on contingentcy i cant afford an attorney. Also i have found that the only ones hungry for such cases or those new attorneys right out of law school and not even they want anything like this with such a low amount. They would only get 1/3 in the end. The attorney i had tried to do a quick collect out of court and when that failed he cancelled our agreement and walked away.

So it seems i have to represent myself.
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Old 08-23-2017, 07:38 AM   #14
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An attorney's reputation in a small community is everything. Especially if he is practicing civil law. Getting an attorney to take on your case for this small amount of money is going to be difficult. Perhaps telling your story to clients just outside his front door might get his attention. You'll have to be be careful to stick to the facts and stay on public property.
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