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  1. #1
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    Jun 2014
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    Default Would an Attorney Being Sued, Have Another Attorney Representing Him in Court

    My question involves legal malpractice in the state of: New Jersey

    When taking an attorney to court for negligence for not recording a deed which was ordered by judge during divorce causing financial issues to homeowner divorce, years when trying to sell home, would the lawyer typically bring his own lawyer in to represent him? I can go into detail if needed.

  2. #2
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    Default Re: Would an Attorney Being Sued, Have Another Attorney Representing Him in Court

    Odds are he'll be represented, but individual experiences may vary.

  3. #3
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    Jun 2014
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    Default Re: Would an Attorney Being Sued, Have Another Attorney Representing Him in Court

    Thank you. Since this is being done pro se, is it safe to say that the things you must prove to win a case are true? I keep reading things like, " In order win a case you must prove 3 things" such as " attny owed a duty", " must handle case as he average attny" etc... This case is totally DATE related. All of the evidence has to do with recording dates, dates when liens were placed that wouldn't have, if the deed was not just left in the file to rot. I guess what I'm asking is, is it possible to win with all hard evidence, stack of paper trails, dates etc. A few attnys said it's a great case, but they won't sue other lawyers. So therefore we're doing this on our own.

  4. #4
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    Jun 2014
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    Los Angeles, California, United States
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    Default Re: Would an Attorney Being Sued, Have Another Attorney Representing Him in Court

    Probably yes. The standard professional liability insurance contract provides for legal defense in the event of a lawsuit. Most lawyers elect to have another attorney represent them because (1) it saves the time and hassle of defending one's self in a lawsuit; (2) there are a lot of technical nuances to legal malpractice with which most lawyers are unfamiliar; and (3) it is easier to have another attorney representing you if you need to object to the form/substance of questioning at deposition.

  5. #5
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    Mar 2013
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    Default Re: Would an Attorney Being Sued, Have Another Attorney Representing Him in Court

    Quote Quoting himandmex6
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    Thank you. Since this is being done pro se, is it safe to say that the things you must prove to win a case are true? I keep reading things like, " In order win a case you must prove 3 things" such as " attny owed a duty", " must handle case as he average attny" etc... This case is totally DATE related. All of the evidence has to do with recording dates, dates when liens were placed that wouldn't have, if the deed was not just left in the file to rot. I guess what I'm asking is, is it possible to win with all hard evidence, stack of paper trails, dates etc. A few attnys said it's a great case, but they won't sue other lawyers. So therefore we're doing this on our own.
    Plenty of lawyers sue other lawyers. There's lawyers all over the place that specialize in attorney malpractice.

    What they might really be telling you is that you have no case or that there's not enough money in it to make it worthwhile for them to get involved on a contingency.

  6. #6
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    Jun 2014
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    Default Re: Would an Attorney Being Sued, Have Another Attorney Representing Him in Court

    What happens if the attorney being sued does NOT answer the complaint? what happens next?

  7. #7
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    Mar 2013
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    Default Re: Would an Attorney Being Sued, Have Another Attorney Representing Him in Court

    Quote Quoting himandmex6
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    What happens if the attorney being sued does NOT answer the complaint? what happens next?
    There is likely to be a default judgment issued in favor of the plaintiff.

  8. #8
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    Default Re: Would an Attorney Being Sued, Have Another Attorney Representing Him in Court

    Quote Quoting himandmex6
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    What happens if the attorney being sued does NOT answer the complaint? what happens next?
    File a motion for a default judgment. But don't be surprised it they come back to life.

    It is unusual for an attorney not to answer a suit against them unless they are already in some trouble. Check the NJ Bar Association and the Ethics Committee websites for complaints and proceeding that might be pending against this attorney.

    http://www.judiciary.state.nj.us/oae/

    http://www.judiciary.state.nj.us/oae/discipline.htm

  9. #9
    Join Date
    Jun 2014
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    Default Re: Would an Attorney Being Sued, Have Another Attorney Representing Him in Court

    Thank you kindly.

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