ok, first do i have to file notice if i am intending to sue for money from my famly ex attorney?
or when suing for legal malpractice can i just use the pro-se packet that are online or draft our own?
we want to just do it ourselves,without attorney.We hire this loser to represent my sister
brother in law against cps worker who remove the kid.Evidence was left behind.
We spent family members up to 125k to have Mr.Keller of NJ represent her for years.
All this great evidence was just at a police dept.and was known to cps at the time too.
Attorney however just never bother to collect it!Attorney knew,or should have known the evidence was there since one document show "attorney had knowledge"as we can prove,
about a police file.
Case took place around,well she was taken from the school by cps 10/2004.return 09.
we JUST discover the video of her and the cop etc.the evidence not collected by attorney
during december 09.
Now i want to know in court of public opinion,the internet ;
Do you think we have a good claim here? since the evidence DO show NO serious injury
involving my niece/god-daughter?Since it show in other pix,no serious injuries
as i believe the pix and policemen interview/video would have prove:
1. the cps worker lie under oath about my sister abusing the kid.
2.the caseworker knew she was fine alert,but cover this up to win their state case.
3. police even said no medical attention was needed at all cause child was not injured.
thank you for your opinion...
Law Lover
wow. so the attorney realize all this video evidence on child is there but fail to collect it for trial i say sue em and sue his butt good.your case is not a "good suit"but a great one. i study this in law school.
all of the evidence was at the P.D. but no one bother to get it?review it"test it for complete accurate etc. to support your fam innocence, i would say easy case.Just have to get it serve properly and i am not sure if attorney mal cases need to be put on "state notice"of your intention to sue,but i know cps if your suing in state court need to.File it but call your local state court first or where the attorney at you say nj then find out procedure then do it,that is a shame.glad she is home,but yet sue for malpractice.
and the worker too!at cps they keep ruininng so many families,that is a shame hope that change one day.
lamotte.adam
Is there an appeals process for this kind of case?if there is you need to appeal the verdict if there was one .you don't explain it very clearly,win the appeal first,Im assuming the child was taken away permanently? or that someone was found guilty? You will have to prove that the lawyer knew the evidence existed ,in any case the prosecutor is bound by ethic laws as well and is required to show your lawyer any exculpatory Evidence that he knew may have existed..you need to see a new lawyer,maybe go to your local legal aid division to sort this out..to much info missing here to make heads or tails of it.
MaRkG83
that is really awful. MEMBER LAMOTTE read it again yea it say she was found to have abuse the child on the'arm' with :bruises abuse etc. way back in 2004.
But he want to sue with the family all them spending over 100 grand(wow) but this what it say above.
and now they found since last year december find"evidence"at police dept.showing video! pix! show
NO abuse,that attorney should have(I AGREE)get this evidence ahead of time to prove her innocent.
to PROVE CPS no good worker lie on his family.
Now i know something about dyfs (nj)anyhow and they lie on us too...they do not care until they are sued,or lock up.But for the attorney to sit on his a-s take a pay and not do nothing is really wrong.
SUE HIM,i am glad your family got such strong proof like this.
Even if Way too late for a APPEAL from 2004,since she was found to have hurt her arm,file lawsuit.
you have great evidence to do this.
dam this is REALLY really fu--ke up what the hell this attorney keller do! sue them at least try.
that is a great case here. ask this question at other sites too get more response,that is f--k up.
a VIDEO?Pix? wtf? attorney just slept on your case.not right i feel bad for your sister and family.
but:
not sure if your having to put them on what your saying a notice of your intent to sue i think only the cps caseworker,yes but your asking to sue the atty.for legal mal for not collecting evidence that would have (so it sounds)like readin this would have clear your sis jackie)i would say put them on notice anyhow.Or just as other person say call court to find out.but either way,Get it done,something called the statute of limitation from time your realizing etc. discovery play a part and the state run the clock this i know from the"day your realizing your attorney did not collect proof of her innocence"so look like your still within time to sue that part is good.but yea call the court
find out more.good luck
CPS workers. DYFS suck,they are really crooked people but yea the attorney is liable here just like cps.
TamaraMarie
first, you have great comments here.
i want to say as a former cps worker i always look for thread like this. i know first hand worker will lie to make a case find me over at facebook anytime under tamara banks.or good parents who are losing children nationwide,google that. i hate cps i quit,due to things i've reported,seen. i am happy getting my online degree as a psychologist,with some evening weekend college courses too.i will help more this way. and if your attorney and caseworker(or your sister your saying)fail her this way?
sue both i do know they get scared at CPS it seem only when they are being sued.so do it. the lawyer should be and i mean this,HANG.DISBARRED,whichever happen first.how sad.glad child is home now though.she has a very good money damages lawsuit against child protection agency.get it going before too late.
Orignal From: Tips: Legal Malpractice where Attorney Fail to Collect Evidence to support innocent parent,my sister jaqueline...?
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