Trial after arbitration

[socrateaser]

>1. Am I filing this complaint against the firm or the attorney
>that actually represented me?

You had the opportunity to walk up front if you didn't like the new attorney. If you stayed, then you took the risk. Don't try to make this argument -- it's a total loser.

You must show that your representation was below professional standards and that your case would have turned out in your favor had your representation not been negligent. If you don't think you can do this, then I suggest that you are wasting your time filing a case, and you may as well file bankruptcy.

You could use the bankruptcy card as a negotiator, that is, if you tell your opponent that if she won't settle on a number that will allow you to pay your bills, then you'll just belly up on the whole deal. That may work.

>
>2. Since realistically I'm not seeking to get money refunded
>to me - I just don't want to owe them - am I asked for
>compensetory damages in the amount of $17K to negate the
>amount they claim I owe.

Your thinking is wrong. You were injured, and you lost a PRICELESS right to more time with your child. You should be suing for MILLIONS -- HUNDREDS OF MILLIONS, in compensatory damages. The consequential damages are for your attorney fee refund.

Not joking. I haven't read your final order, and I don't know the exact facts of your case, but either you're injured by this or your not, and if you are, then the injury is beyond price. The court and the jury needs to see that you are furious that some bozo lawyer messed up your case at the get go.

Otherwise, you're wasting your time.

>3. If I decide that I should simply file bankruptcy before a
>trial happens, what do I need to do to drop the case?

If you're intent is to simply use this case as a stall tactic, then don't file it, or you could be sued later for wrongful institution of civi proceedings, after your bankruptcy is discharged.

This ain't a game. Either you are in it to get what you're entitled to or you're not.

[bluesman]

>>2. Since realistically I'm not seeking to get money refunded
>>to me - I just don't want to owe them - am I asked for
>>compensetory damages in the amount of $17K to negate the
>>amount they claim I owe.
>
>Your thinking is wrong. You were injured, and you lost a
>PRICELESS right to more time with your child. You should be
>suing for MILLIONS -- HUNDREDS OF MILLIONS, in compensatory
>damages. The consequential damages are for your attorney fee
>refund.

I couldn't agree more - and if I could do that I would. If I could have her disbarred then I'd do that.

Let's talk about what I'd like to do to the judge. She's the one that had the power to do the right thing and she didn't do it. But I shouldn't be surprised because this is the same woman who gave O.J. Simpson his kids after he killed their mother. (And I'm sure you know who I'm talking about if you know the players at Lamoreaux) She looked at my ex and on the record said to her, "You're making these kids fatherless" and then she let her go.

I've tried to think of ways to expose her and her horrible decision. I thought about writing to her to tell her how she devistated me. I want her to feel horrible for what she did. But I know that none of these things will work and some would even get me in trouble. I don't need that so I work on letting it  go every day.


>>3. If I decide that I should simply file bankruptcy before a
>>trial happens, what do I need to do to drop the case?
>
>If you're intent is to simply use this case as a stall tactic,
>then don't file it, or you could be sued later for wrongful
>institution of civi proceedings, after your bankruptcy is
>discharged.
>
>This ain't a game. Either you are in it to get what you're
>entitled to or you're not.

I'll be honest, I don't think I can win this case. Yeah, part of the reason I want to file this complaint is to make that attorney's life hard. I want to get her back for what she did.

I won't use it as leverage because I won't negotiate with her. She will never get another dime from me, ever. I'll file BK before she gets anything from me.

I know I could have fired her sooner but when you're a father who's never been in a court room before the whole thing is quite intimidating. I was afraid of how it would  look to the court. I believed she knew what she was doing because she'd done it for  so long. Its only looking back that I see the error of my ways. Now,  I must continue to work as hard as I can to see my children and be the best father I can be to them regardless of the distance between us. But I'm rambling now.

Thanks very, very much for your time and advice.