LAWYER PROBLEM

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LAWYER PROBLEM

Postby JOEBLOW » Sat Jul 23, 2011 6:50 pm

My friend is being chased for 5 Grand via a lawyer.

She hired and fired her.

The lawyer did many questionable things.
She (the client/my friend) logged a complaint with the court house and with the bar associations over her conduct.
After firing her and representing herself - the judge looked over the lawyers work and said unprofessional/poor work on that lawyers behalf (while on the record).

Long story short - she has paid her 1500 and that is all she feels this lady was worth for a variety of reasons.

The lawyer is taking her to court over this issue of payment. (this lawyer said to the oppositions legal counsel "make sure you fuck her" in relations to my friend/client - as she was heading into the court room to represent herself)

Anyhow - Ideas suggestions on how to deal with this woman?

Thanks!
Me.
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Re: LAWYER PROBLEM

Postby holy vehm » Sat Jul 23, 2011 7:39 pm

Claim and counter claim.

The lawyer has made a claim, now your friend counters that claim with her own.

A contract to perform was entered into, did the lawyer perform as expected, in the manner one would think per the contract?
If not, you could argue that the lawyer broke the contract and the fact your friend has paid x amount in a good will payment should see the matter closed.
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: LAWYER PROBLEM

Postby JOEBLOW » Sat Jul 23, 2011 7:56 pm

Okay,

Should the counter claim be made prior to going to court? We sent off something and she said it wasn't notarized and so invalid. That letter said that she agree's to pay upon proof that the lawyer

1. Acted on the best behalf of her client
2. Her conduct to her privately and in the public was professional.
3. The did as her client asked of her.
4. She wasn't supplying the opposing party with counsel on her bill.
(She did many things wrong/backwards/inappropriately)

If you didn't mean before court ...

She could say say ...
Hello Administrator/Judge/Your honor/Your majesty (haha which one/Canada court) - The contract to perform with ABC lawyer was broke when ABC lawyer did not perform as expected in relation to the contract. She broke her contract but I (my friend) would like to act honorably and has made a payment of $1500 and the matter should be closed.

Sound good? Bad? Ugly?
Cheers.
Me.
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Joined: Thu May 12, 2011 3:29 pm

Re: LAWYER PROBLEM

Postby holy vehm » Sat Jul 23, 2011 8:06 pm

You are in canada so things may work differantly but i would look at it this way:

You have been invited to court, so in my opinion i wouldnt bother with negotiating out of court, the lawyer obviously feels the matter cannot be resolved without court adjudication. I would then go along the lines of your second points.

Make out you do not understand why the lawyer felt the need to take it to court while there was still room for negotiation, but as it is in court you would like to counter claim on the grounds mentioned.

It is worth checking to see just how the process works though regards lodging your counter claim. Here in the uk you can often ask a clerk of the court for a bit of advice.
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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