Is This Grounds for Legal Mal

lenifrommjena

New Member
I'm not even sure where to begin and will try to not make my post a Harry Potter book. If there is anything I have learned from the experience of being in a lawsuit, it's never ask a friend for a referral for a lawyer for anything other than a traffic ticket. My case is considered to be highly complex. For ethical reasons, I won't go into too much detail about the specifics, but the most recent activity in my case has pretty much put the nail in the coffin regarding my ability to trust that my lawyers have my best interest at hand.

I have attorneys who are outside of their area of practice. I pretty much brought them an already built case, including people who are considered to be experts in the field who agreed to join on board and serve as an expert at no cost for their service, which is extremely rare. We filed our complaint, which resulted in defendants filing a motion to move the case to federal followed by filing a motion to dismiss due to statue of limitations and repose. My attorneys amended the complaint pretty much in its entirety, construing the facts despite being repeatedly told that these were not accurate. Defendants requested an extension to respond to the amended complaint because of the amount of changes that were made. Their second response was another motion to dismiss.

A hearing was called by the federal judge for oral arguments. Words cannot describe how terrible the hearing was. My attorneys struggled with being able to answer the judge's questions, and it was quite clear from reviewing the transcript how little prepared and aware they are of the facts of the case.
However, the judge in turn submitted the request to certify a question to be answered by the Supreme Court, which they agreed to answer.

Never am I kept in the loop of what is going on despite repeatedly requesting they send me documents to review before they are filed. I request to review them because they repeatedly make errors in the facts of the case, which I'm always having to point out. Instead, they don't listen and file as is. I have lawyers that get added to my team without my knowledge that they are now representing me. I tried firing one of them at one point but was told no one in the firm wanted the case, yet when we hit the Supreme Court, I inherited two new attorneys from that same firm. At all stages that one would consider to be a crucial stage, a meeting has never been called (we live 2 hours away from each other).

Recently they told me that the defendants requested to try and mediate my case. I asked for documentation that they were requesting this, because I figured there had to be some record of this. They said it was done over the phone. After repeatedly pressing them, it was later revealed that they were the ones who initiated that they felt like it was time that they offered a counter, which defendants responded that discussion is best suited for mediation. I expressed my not wishing to go to mediation because the goals that I have for my case cannot be resolved through mediation. I would rather lose my case than try and mediate, and I was furious that they would initiate this without once again consulting me on this.

To end the story, where the case stands now is...defendants filed motion to submit additional materials to state Supreme Court (i.e., They wants the first amended complaint from fed court and the current complaint submitted). My attorneys did not consent to this request. A week later, my attorneys filed a motion in opposition to their motion (so we are back in fed court bc that's where the first amended/current complaint is): their argument: "such a supplement is exceedingly untimely and would hinder the assessment of an entirely legal question with an undeveloped and contentious factual record" (i.e., their own first amended complaint). They request that fed court amend their first amended complaint by removing all the attachments (i.e., 2 affidavits, reports, the whole works).

Now mind you this...none of this was shared with me by my attorneys. Instead, all that's been shared is what to expect at mediation and how defendants are determined to have this before the judge rules. I'm only finding out third party what's going on in my case from reviewing Pacer.

I've shared the facts of the case and all supporting documents that were filed with other attorneys who say I have a case for legal mal, but my concern is how does mediation fit into this? Like, I feel like I'm being forced to attend because my lawyers know how bad they screwed up and in one of their emails where they discussed mediation with me, they flat out said that they want to get paid so it's important we mediate now. If I refuse mediation and let my case get dismissed due to inconsistencies and improperly plead, would my refusing an opportunity to attempt mediation reduce my claims for legal mal?
 
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If I refuse mediation and let my case get dismissed due to inconsistencies and improperly plead, would my refusing an opportunity to attempt mediation reduce my claims for legal mal?


No one can answer that, as it calls for speculation and conjecture.

I can tell you that just because you feel a lawyer was unprofessional or less than effective, unless you hold a law degree and license to practice law, your assessment means nothing.

I have no idea what you're attempting to accomplish, but I wish you much success with your endeavor.
 
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