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  1. #1
    Join Date
    Nov 2009
    Posts
    5

    Default Suing an Attorney of Breach of Contract

    My question involves malpractice by a lawyer in the state of: WA.

    I had an attorney who did not have the best of communication. I was in the process of letting him go and he proposed that if he didn't have orders before the court by a specific date which was a month from that day that he would issue me a full refund. Now he wont issue me a refund. I'm not sure if I used the right wording but it seems that he breached a contract that he and I agreed apon and not will not hold up his end. I plan on going to small claims court but I don't know if I have a solid case. From what I see I have a email that specifically says "if the orders are not before the court by January 14, then I will issue you a full refund." I see this as a contract and there were no orders put before the court by January 14. Do I have a good case and what are somethings that I should prepare for. Also what does this process look like. I already know that he is probably going to appeal if he loses. How long does it take to get a court date and then to get a supreme court date. Please help me with anything possible. Thank You.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Sueing an Attorney of Breach of Contract

    First, are you SURE he hasn't submitted the orders?

    What exactly is the case about?

  3. #3
    Join Date
    Nov 2009
    Posts
    5

    Default Re: Sueing an Attorney of Breach of Contract

    Yes I am positive. He has emailed me say he can still submit orders. The case is about Child custody and Child support. In his email he said "if he does not have temporary orders before the court by January 14 he will issue me a full refund." I have not been satisfied with his communication and he has not submitted anything to the courts since I hired him at the end of October. That's about 3 months with nothing to the courts.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Sueing an Attorney of Breach of Contract

    Quote Quoting josephant3
    View Post
    Yes I am positive. He has emailed me say he can still submit orders. The case is about Child custody and Child support. In his email he said "if he does not have temporary orders before the court by January 14 he will issue me a full refund." I have not been satisfied with his communication and he has not submitted anything to the courts since I hired him at the end of October. That's about 3 months with nothing to the courts.
    Since it won't cost you much to take it to small claims court, I would certainly give it a try. However, you need to make sure that you print out the email with the full header, as using emails as evidence can be tricky. Maybe the attorney will just settle.

  5. #5
    Join Date
    Nov 2009
    Posts
    5

    Default Re: Suing an Attorney of Breach of Contract

    I wish the attorney would just settle but he just wont pay. Do you think that I have a strong case.

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