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Taking my Lawyer to Court ?

Postby CGibson » Thu Sep 08, 2011 9:14 am

I beleive that I have been badly treated by my lawyer here in Spain having been given very bad advice, which has cost me a lot of money. Is there a process in which I can sue him for this and how should I go about it ?

Thankyou.
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Re: Taking my Lawyer to Court ?

Postby AJC » Fri Sep 09, 2011 11:05 am

Do they have Indemnity Insurance ?
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Re: Taking my Lawyer to Court ?

Postby CGibson » Tue Sep 13, 2011 7:25 am

AJC wrote:Do they have Indemnity Insurance ?


I'm not sure. How would that make a difference ?
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Re: Taking my Lawyer to Court ?

Postby AJC » Wed Sep 14, 2011 9:45 am

CGibson wrote:
AJC wrote:Do they have Indemnity Insurance ?


I'm not sure. How would that make a difference ?


I lay man's terms that means he is insured against making bad decisions or offering poor advice. It also means he is therefore likey not to fight you too hard if he knows that any losses he may incur are covered by his insurance.
If he does not have Indemnity insurance then he is likely to fight you tooth and nail over this.
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Re: Taking my Lawyer to Court ?

Postby Robster » Thu Sep 15, 2011 8:32 am

Good point by AJC - but on the other hand, they may be more likely to go to court if they know that any potential losses against them are insured - especially if they are fighting to protect their reputation. If they know that they are in the wrong, and DO NOT have indemnity insurance, I would have thought that the lawyer would have been more likely to cut their losses and settle out of court.
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Re: Taking my Lawyer to Court ?

Postby Mekon » Thu Sep 29, 2011 8:42 am

Whatever you decide, it would be better to appoint a Lawyer to act on your behalf who is A) Expereinced in this kind of issue, and b) Not located locally to you or your previous Lawyer, as you don't really want them to be know to each other.
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Re: Taking my Lawyer to Court ?

Postby CGibson » Fri Oct 07, 2011 10:23 am

Thankyou all. I hope I can resolve the issue with my lawyer amicably and without having to resort to this, but it's useful to know that I can have this move (or the threat of it at least) in my arsenal.
Cheers again!
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Re: Taking my Lawyer to Court ?

Postby Tyler » Thu Oct 13, 2011 10:54 am

If you have sufficient evidence to support your claim, then there is little reason why you shouldn't hold your lawyer to account for giving you negligent advice. Just be sure to be aware that it will cost you time and money and is by no means guaranteed to bring you the result that you might hope for.

Let us know how you get on !
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Re: Taking my Lawyer to Court ?

Postby CGibson » Fri Oct 21, 2011 9:34 am

Thankyou, I have taken all the advice you have given on board, and this has given me the confidence to approach my Lawyer more forcefully to negotiate a favourable outcome with regards to my case. It seems that a little background knowledge can go a long way as he has suddenly become much more receptive to reaching a compromise with me !
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