Ask a Legal Question
  1. #1

    Join Date
    May 2012
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Complaint (for fraud) against a lawyer who filed a false statement for costs.

    Jurisdiction / State: Michigan

    I was the Plaintiff in a self-filed lawsuit against a former employer and other Defendants (pro se, or in pro per in MI). I had 4 Counts. Their lawyer filed a Counter-Claim for Malicious Prosecution.

    I prevailed on Count I. I lost on Counts 2-4 as they were not well-pled and as a result I had to pay the other sides' attorney fees. I also prevailed against their Counter-Claim.

    The 3 counts I lost on were over and done with within 60 days. The other count (which I won) and their Counter-Claim lasted almost 2 years.

    I received a settlement offer for $7,000 shortly after the 60 days which also stated the attorney's fees had by then amounted to almost $3,000. I figured the 3 counts I lost on were $1,200 - $1,500 of that $3,000 figure. I declined his offer.

    At the end, he submitted a statement for his costs that had me paying him $6,300. I objected in Court but couldn't find his original letter with the settlement offer figures. The judge gave him what he wanted without any documentation or proof of his figures whatsoever.

    So I paid the $6,300 to the Court Clerk.

    I then found the missing letter 4 months later (before finishing mediation on their surviving Counter-Claim) and filed a motion for reconsideration, which was thrown out by the judge evidently because I had waited too long to raise the issue.

    I prevailed in the mediation and their Counter-Claim was dismissed and then the lawsuit was over.

    My question: Can I now sue this attorney for fraud? The statute of limitations in MI is 6 years for fraud. It's only been about 2 years since his award by the judge.

  2. #2
    Super Moderator Samaritan & Scholar
    army judge's Avatar
    Join Date
    Nov 2009
    Location
    Pago Pago
    Posts
    13,872
    Thanks
    205
    Thanked 1,464 Times in 1,447 Posts
    Quote Originally Posted by James3330 View Post
    I was the Plaintiff in a self-filed lawsuit against a former employer and other Defendants (pro se, or in pro per in MI). I had 4 Counts. Their lawyer filed a Counter-Claim for Malicious Prosecution.

    I prevailed on Count I. I lost on Counts 2-4 as they were not well-pled and as a result I had to pay the other sides' attorney fees. I also prevailed against their Counter-Claim.

    The 3 counts I lost on were over and done with within 60 days. The other count (which I won) and their Counter-Claim lasted almost 2 years.

    I received a settlement offer for $7,000 shortly after the 60 days which also stated the attorney's fees had by then amounted to almost $3,000. I figured the 3 counts I lost on were $1,200 - $1,500 of that $3,000 figure. I declined his offer.

    At the end, he submitted a statement for his costs that had me paying him $6,300. I objected in Court but couldn't find his original letter with the settlement offer figures. The judge gave him what he wanted without any documentation or proof of his figures whatsoever.

    So I paid the $6,300 to the Court Clerk.

    I then found the missing letter 4 months later (before finishing mediation on their surviving Counter-Claim) and filed a motion for reconsideration, which was thrown out by the judge evidently because I had waited too long to raise the issue.

    I prevailed in the mediation and their Counter-Claim was dismissed and then the lawsuit was over.

    My question: Can I now sue this attorney for fraud? The statute of limitations in MI is 6 years for fraud. It's only been about 2 years since his award by the judge.
    Sure, you can sue.

    You won't prevail.

    The lawyer committed no fraud, based on the scenario you described.

    Why?

    The lawyer was attempting to settle with you.

    You refused, so he charged you what was customary.

    You have no case, but go ahead and file.

    Its your right.

    Don't be surprised if the lawyer countersues you.

    He has a couple issues on which he can base a claim, if you proceed.

  3. #3

    Join Date
    May 2012
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts
    I think you have mis-understood what I have said.

    Up to the date of his letter, his fees only amounted to "approximately $3,000" (his quote). Because he did not prevail on the 2 remaining Counts from that date forward, he wasn't entitled to any additional fees (from me).

    Of the $3,000, he was only entitled to his fees on those counts he had prevailed on (3 out of the 5 counts), which I estimate to be somewhere in the neighborhood of $1,200 - $1,500.

    When he finally submitted his costs to the Court, he submitted a bill for slightly more than $10,000, of which he said my portion was $6,300. This is complete nonsense. As far as I was concernd, he was padding his bill so that I would wind up paying for ALL his fees, including those that were rightfully his clients.

    By his own hand, he has admitted to overbilling and committing fraud.

    My question was: "Can I sue him for fraud?", or because the case is now closed and the time for filing an appeal has passed, am I precluded from filing a Complaint against him on this issue even though this issue was not one of the 5 Counts in the Complaint and/or Counter-Complaint?

    Is this a "sue-able" issue under Michigan law?

    Are you familar with Michigan law and this issue?

    What say anybody . . . ?????

  4. #4
    Registered User Samaritan & Scholar
    mightymoose's Avatar
    Join Date
    Sep 2009
    Location
    Hanford, CA
    Posts
    6,039
    Thanks
    2
    Thanked 560 Times in 556 Posts
    If you are to continue you should not do so pro se.
    Take your paperwork and speak with a local attorney you trust to get advice on how to proceed or why it is best to walk away.
    You seem to have a good argument to make, but not one that amounts to fraud.


  5. Super Moderator Samaritan & Scholar
    army judge's Avatar
    Join Date
    Nov 2009
    Location
    Pago Pago
    Posts
    13,872
    Thanks
    205
    Thanked 1,464 Times in 1,447 Posts
    Quote Originally Posted by James3330 View Post
    I think you have mis-understood what I have said.

    Up to the date of his letter, his fees only amounted to "approximately $3,000" (his quote). Because he did not prevail on the 2 remaining Counts from that date forward, he wasn't entitled to any additional fees (from me).

    Of the $3,000, he was only entitled to his fees on those counts he had prevailed on (3 out of the 5 counts), which I estimate to be somewhere in the neighborhood of $1,200 - $1,500.

    When he finally submitted his costs to the Court, he submitted a bill for slightly more than $10,000, of which he said my portion was $6,300. This is complete nonsense. As far as I was concernd, he was padding his bill so that I would wind up paying for ALL his fees, including those that were rightfully his clients.

    By his own hand, he has admitted to overbilling and committing fraud.
    I didn't misunderstand anything you posted.
    But, I'm not the person that you must convince.
    I will only say, stating a legal conclusion, doesn't make it true.
    There are elements of PROOF that you must put forward to PROVE your assertion(s).




    Quote Originally Posted by James3330 View Post
    My question was: "Can I sue him for fraud?", or because the case is now closed and the time for filing an appeal has passed, am I precluded from filing a Complaint against him on this issue even though this issue was not one of the 5 Counts in the Complaint and/or Counter-Complaint?

    Is this a "sue-able" issue under Michigan law?

    Are you familar with Michigan law and this issue?

    What say anybody . . . ?????





    If you file the necessary documents, you can sue Santa Claus, the Easter Bunny, and even God.

    You are free to pursue your case.

    Based upon the fact pattern you presenbted, you will not recover.

    But, you might get counter-claimed against.



  6. #6

    Join Date
    May 2012
    Posts
    31
    Thanks
    0
    Thanked 1 Time in 1 Post

    falsifying cost bill attorney fees

    I appreciate the cost factor that motivates people to represent themselves in court rather than hiring an experienced and expensive trial lawyers.

    Often, however they likewise take some serious financial risks in doing so. Risks that you might have avoided had you at least consulted with a professional before exposing yourself to the consequences of a cross action for malicious prosecution.

    This wide world of information network is a marvelous thing. But often in this area having a little “know how” is worse that having none. Frequently it gives people an unwarranted sense of confidence believing that trying a lawsuit is 99% boiler platting and mimicking court TV.

    Filing your motion under Michigan’s Rule 2.611 was obviously not the correct way to get at the issue. If only because 2.611 (F) requires that it be filed and served within 21 days from the entry of the judgment.

    As long as you are into it this far and have some feel for what you are doing, why don’t you renew your objections to the award of attorney fees with a motion under Michigan Rule 2.612 Relief From Judgment or Order Subsection (C) (c) “Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party”. Which you can bring within one year from the date of the order.

  7. The Following User Says Thank You to Latigo For This Useful Post:

    3LVIS (12-12-2013)

Similar Threads

  1. Back out of a car deal because of false odometer statement?
    By remorse in forum Car Sales, Dealers, Repairs, Lemon Law
    Replies: 2
    Last Post: 06-07-2011, 01:50 AM
  2. False Statement in Hague Application
    By alexden in forum Child Custody & Visitation
    Replies: 1
    Last Post: 03-04-2010, 01:49 PM
  3. Privacy/Email/False Complaint
    By Gaijin in forum Employment, Labor, Work Issues
    Replies: 13
    Last Post: 04-21-2008, 09:50 AM
  4. Assault & Battery false charges filed
    By mconner70 in forum Criminal Charges
    Replies: 9
    Last Post: 01-28-2008, 10:07 PM
  5. False Complaint to HR Cost Me My Job
    By TightSpot in forum Employment, Labor, Work Issues
    Replies: 10
    Last Post: 08-15-2007, 03:50 PM

Log in

Log in