How does one sue a State ?

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Latest post 04-21-2008 6:26 PM by jowey. 37 replies.
  • 03-16-2008 9:17 AM In reply to

    • DOCAR
      Lawyer
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    • Joined on 12-09-2000
    • NV
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    Feedback [*=*] re: How does one sue a State ?

    It would be helpful to make a list of attorneys that do address legal malpractice for each state, think I found one in Virginia.

    I found several hundred attorneys who do legal malpractice simply by using the find a lawyer box on the right.
  • 03-16-2008 9:18 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,167

    More [=+=] re: How does one sue a State ?

    In Virginia
  • 03-16-2008 11:52 AM In reply to

    re: How does one sue a State ?

    Your post is ridiculously long. No one is likely to read the entire thing. You should condense it to include only the most pertinent information.

    "How does one go about suing a State ?"

    The same way one sues any other defendant. The question is whether the state is subject to suit or immune.

    "What court does one file when one sues a State ?"

    Depends on the nature of the claim. The 11th Amendment to the U.S. Constitution bars most suits against states in federal courts.

    "Have other State Bar's deregulated their membership's execution of the profession ?"

    That's too vague to answer. What does it mean.

    "Does "rule of law" apply to the institution and the State that supports it ?"

    That makes no sense at all.
  • 03-16-2008 6:57 PM In reply to

    re: How does one sue a State ?

    What happened?

    Did you lose your case, blame your attorney, complain to the Bar, and the Bar didn't find that he did anything wrong?

    I'm guessing that the state Bar is immune from lawsuits for arriving at that kind of decision.

    Your basic option is to file a malpractice lawsuit against your attorney and prove he did something wrong.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-17-2008 1:58 AM In reply to

    More [=+=] re: How does one sue a State ?

    The problem is, if you check back to his previous posts is first, he wasn't the client, he just paid the bill which gives him no rights to assert regarding how the case is handled, and second, I believe the statute of limitations has run. Then there's the problem that the state bar has found no wrongdoing. He doesn't agree so now he wants to sue them...
  • 03-17-2008 12:58 PM In reply to

    re: How does one sue a State ?

    Jowey, you need to give up the ghost as it were ... this is not the place to post a rant (I know, you disagree that it is a "rant"), but you know these types of posts aren't welcome here. You've been posting about this stuff since last year. By now, you should know something about how the civil litigation system works (you're free to sue the VSB and others if you like, but I suspect such a suit will be quickly dismissed on various grounds).
  • 03-21-2008 10:47 PM In reply to

    Note [#=#] jowey-

    We may just be at an impasse with your situation. No one on the message board can "solve" your problem.

    Many posters are willing, and have been willing, to offer information, but in the end, this is a discussion
    forum.

    At the site, we have acknowledged that there are problems with some lawyers, which is why we have provided this specific board for people to share experiences/knowledge.

    We've listened to those who have come to the site and understand that there is a desire for a lawyer
    rating system.

    We're looking at how we might implement this effectively without skewed results. It harkens back to the customer service issue of someone who is happy with service may tell 10 people but someone who is unhappy with service may tell 100 people.

    Legal cases, in the end, generally have someone who may be considered a winner and someone who may be considered a loser.

    Sharon
  • 03-24-2008 2:46 PM In reply to

    Note [#=#] It's LAW, not science . . .

    It isn't subject to being reduced to a number, or a 'metric' as you put it.

    I work in criminal defense. Most of my clients are unhappy because their cases resolve with penalties. Do you think it is fair I get evaluated by people who don't know what they are talking about?

    'Bad attorney. Couldn't save me from a license suspension.' The suspension is mandatory by state law and the judge has no discretion. Your choice was the deal or trial, and you chose the deal. Your choice - not mine.

    'Bad attorney. Another attorney said he could get this dimissed.' Guess what - you should have hired that attorney rather than going with me.

    'Bad attorney. He was completely rude to me.' Guess what - the state never dismisses just because the defendant says this is a waste of taxpayer money. You wouldn't listen, so I had to start being a jerk.

    Those are the complaints I'd get, among others. Almost all complaints would be from criminal defendants who don't like the result that is a consequence of their actions, not mine.

    Many CLEs wind up with a 'Top Ten Clients to Avoid...' Among the very top, the prospective client who just complains about all the prior attorneys he's had to fire...
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