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  1. #1
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    Lawyers - Why am I fighting two battles?

    It's been six years and three law firms. I have a pretty cut and dried case. Why can't I get results? It seems the lawyers (on both sides) are delaying this matter at every turn. Is this the way the justice system works? Is it prudent to read the riot act to ones own lawyer? Any advice is welcome.

  2. #2
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    Re: Lawyers - Why am I fighting two battles?

    Lawyers serve the courts. They serve the interests of the courts over those of the client. Other than that, I don't know what to tell you. I do not know what this cut and dry case would be.

    Lady Mod

  3. #3
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    Re: Lawyers - Why am I fighting two battles?

    Lawyers serve the interests of the court, and, they need the court, and continued battles, to earn what they want.

    Yes, even lawyers can comprehend: "Make hay while the sun shines." :o
    "Courage is not the absence of fear, but rather the judgment that something else is more important than fear." - Ambrose Redmoon

  4. #4
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    Re: Lawyers - Why am I fighting two battles?

    Lady Mod - My case is very simple. Own business with husband (and three kids). Husband died suddenly. Consultant downloads all customer files, all sales records, spirits away a large volume of inventory, duplicates our molds (small manufaturing company), and sets up business a few blocks away with a phone number two digits different than ours, produces a catalogue that is a duplicate of ours- including spelling mistakes and products he doesn't have - with photographs I have the negatives of- sent out to people who did not solicit his catalogue (therefore the only way he could have their info is from our files). He even used my husband's name to promote his business as running "under a new name". I know, I know.....I'm more than a little crazy. Trying to hold things together and raising the kids alone is taking it's toll on my sanity.

  5. #5
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    Re: Lawyers - Why am I fighting two battles?

    I really don't expect an answer. Thanks for listening to my rant. I guess nothing is that simple. Wish it was. Good guys over here - bad guys over there. I do believe in karma - eventually they will get what they deserve........I just wanna be able to watch. Sunglasses with super uv tint and sunscreen 3000........ with a margarita.

  6. #6
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    Re: Lawyers - Why am I fighting two battles?

    The margarita sounds swell right about now. :)

    I apologize that you're in such a difficult situation. It's nice to be able to rant, and I know I will always be glad to listen - but hopefully something will start heading in an upward direction for you, soon.

    Best of luck on it, and keep us updated. :)
    "Courage is not the absence of fear, but rather the judgment that something else is more important than fear." - Ambrose Redmoon

  7. #7
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    Re: Lawyers - Why am I fighting two battles?

    You have made my day! Thanks for your kind words. When this legal mess is behind me - or I win the lottery - I'll deliver the margaritas!
    Last edited by linda49; 11-21-2005 at 07:55 AM. Reason: missing r

  8. #8
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    Re: Lawyers - Why am I fighting two battles?

    Quote Originally Posted by linda49
    Lady Mod - My case is very simple. Own business with husband (and three kids). Husband died suddenly. Consultant downloads all customer files, all sales records, spirits away a large volume of inventory, duplicates our molds (small manufaturing company), and sets up business a few blocks away with a phone number two digits different than ours, produces a catalogue that is a duplicate of ours- including spelling mistakes and products he doesn't have - with photographs I have the negatives of- sent out to people who did not solicit his catalogue (therefore the only way he could have their info is from our files). He even used my husband's name to promote his business as running "under a new name". I know, I know.....I'm more than a little crazy. Trying to hold things together and raising the kids alone is taking it's toll on my sanity.
    I can relate. Though I do not share your sorrow, my condolences, my husband is only home 8 -10 weeks out of the year and I've pretty much raised all three kids on my own.

    It disturbs me that these lawfirms are giving you the runaround on this case. What excuses are they giving?

    If you can prove that your business was formerly established, that this person was on payroll, what they were in charge of, and all the rest that you describe, this should be a SLAM DUNK. Was anything in your business patented? Like the molds? Do you still have that customer file list. You can always take your case to the customers, lol, if the legal profession there won't help. And I'm talking a letter campaign disputing this ex-employees false claims. Offer a discount on the next order placed if they bring in the letter.

    If you can't get justice, then sometimes you have to get creative and get even. ;)

    I loved your poem in Politics. That was great.

    Namaste'

    Lady Mod

  9. #9
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    Re: Lawyers - Why am I fighting two battles?

    The reasons they have given are ridiculous. It seems to me that the lawyers belong to some "good ol' boys" club. "Professional Courtesy" has been a reason many times for appointments cancelled at the last minute. Mr. B's wife and baby had the flu last night. Mr. C. had back surgury two days ago. These are not made up. The defendants are delaying as long as they possibly can. They didn't expect that I could continue to persue them because of the cost. In retrospect, they are right. I have a meeting with my lawyer this Wednesday. I sent his bill back to him. This is the most prompt attention I've received so far.
    Last edited by linda49; 11-22-2005 at 03:38 AM. Reason: correction

  10. #10
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    Re: Lawyers - Why am I fighting two battles?

    Hire out of town talent...lawyers that don't know the defendant's lawyers and don't care what the judge thinks.

    Try Gerry Spence. He's very expensive but very good.

  11. #11
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    Re: Lawyers - Why am I fighting two battles?

    No Gerry Spence in the Alberta Law Society. However, thanks for the idea. I've been so mired in this thing that I'm losing all perspective. p.s. How expensive? $300./hr is pretty expensive enough for me.
    Last edited by linda49; 11-22-2005 at 04:21 AM. Reason: addition

  12. #12
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    Re: Lawyers - Why am I fighting two battles?

    Hi Linda49,
    Refering to your original post and your initial question...
    "...Is it prudent to read the riot act to ones own lawyer? "

    Based upon my limited experience with lawyers...
    You hired them. Therefore, you are their 'employer'... or more appropriately... their customer. They sell a service. So, in response... Yes, you can 'read them the riot act'.

    This is based solely upon my experience hiring lawyers and it got me speedy and satisfactory results. You do have the option to "take your business elsewhere."

    My sister is involved in a case involving a business partner of her husband's making off with everything... while a different type of case it is not too dissimilar. She's been 'cracking the whip' to get things resolved.

    Use your own judgement and may good fortune smile upon you...

    cheers,
    Paul

  13. #13
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    Re: Lawyers - Why am I fighting two battles?

    Well Paul - My appointment is tomorrow and I'm taking your advice. "I'm loaded for bear" (hunting term, just in case you think I'm nuts). Really, in retrospect I don't have much to lose. Being reasonable hasn't taken me too far at all. DragonLady it is! (that's what my kids call me). Thanks!

  14. #14
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    Re: Lawyers - Why am I fighting two battles?

    Hi Linda,
    No, I don't think you're nuts... I've used that phrase a few times myself.

    You know your case better than anyone on this board so your judgement must be what prevails... I just cited my experience. I do hope your plan bears fruit "Ms. Dragonlady". :)

    Good luck and happy bear hunting

    cheers,
    Paul

  15. #15
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    Re: Lawyers - Why am I fighting two battles?

    Thank you all for your advice. I met with the lawyer for 3 hours. I think it went very well, considering. I'm not paying his last bill for 500.00 nor the 3 hour meeting at $275.00/hr. I'm not paying for his time reading, responding or discussing anything I haven't approved. He has promised me he will file the required documents to set a court date without further delay. Just wait, the other shoe hasn't dropped yet. The courts are booked til May 2006. So what's another 6 months on top of the 6 1/2 years since this all started. At least there seems to be some end in sight. What have I learned from all this? When a lawyer tells you less than 5% of these cases make it to court because they are settled - they consider people going broke, dying, or disappearing as a type of settlement. Keep a good thought for me.

  16. #16
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    Re: Lawyers - Why am I fighting two battles?

    We will definitely keep you in mind. It's nice to hear your update, Linda.

    I'll pray that none of those settlements happen to you.

    Good luck, keep in touch.
    "Courage is not the absence of fear, but rather the judgment that something else is more important than fear." - Ambrose Redmoon

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