Saturday, December 27, 2014

Can I prevail in small claims court? I want to sue my former attorney (and the referring big firm) for restitution in failing to apprise me,...

Question

Can I prevail in small claims court? I want to sue my former attorney (and the referring big firm) for restitution in failing to apprise me, both generally and specifically, of a lien against my personal injury settlement. According to professional codes it is written that an attorney must inform a client of anything that has bearing on that client's decision-making. I was expecting $8,000 more on my settlement. I got the Grievance Committee to open a case and they sent him a letter of warning. So my question is, can I prevail in small claims court? I am also thinking of mediation first. Thank you in advance.



Answer

You may obtain a small sum from your attorney if he is amenable to settle rather than face humiliation in front of a judge. As long as you are not too greedy, you may file a small claims action and leave it up to the judge to decide your entitlement.



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