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More from the attorneys out there. Let's say you are a lazy ass ambulance chaser

Rip_E_2_Joe_PA

Well-Known Member
Jun 9, 2002
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...and you have your underpaid twit assistant use a plug and play software to make a filing and that up twit mixes the facts, plaintiffs and accused mixed up between two cases and reveals information to people not involved in individual cases to each other. You are the lazy ass ambulance chaser and you to not proof read the filings and go ahead and file and distribute these F-ed up filings to dozens of people.

For the attorneys on the board: Is this an ethical issue worthy of filing a complaint with the Bar? My simple brain says yes. My simple brain also says it should notify those improperly to me, my attorneys, and many others that they have been improperly named in a law suit.

What do you think?
 
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...and you have your underpaid twit assistant use a plug and play software to make a filing and that up twit mixes the facts, plaintiffs and accused mixed up between two cases and reveals information to people not involved in individual cases to each other. You are the lazy ass ambulance chaser and you to not proof read the filings and go ahead and file and distribute these F-ed up filings to dozens of people.

For the attorneys on the board: Is this an ethical issue worthy of filing a complaint with the Bar? My simple brain says yes. My simple brain also says it should notify those improperly to me, my attorneys, and many others that they have been improperly named in a law suit.

What do you think?
If the filing was made in a state or federal court proceeding, anything and everything stated therein may well be a matter of public record such that there was no private information revealed. Court filings in many types of cases are available for viewing by the general public. Furthermore, a mistaken filing can easily be withdrawn. There may be more to your situation that is not made clear by your post, but what you describe seems less like an ethical issue and more like (depending upon the consequences of the mistaken filing) malpractice.
 
If the filing was made in a state or federal court proceeding, anything and everything stated therein may well be a matter of public record such that there was no private information revealed. Court filings in many types of cases are available for viewing by the general public. Furthermore, a mistaken filing can easily be withdrawn. There may be more to your situation that is not made clear by your post, but what you describe seems less like an ethical issue and more like (depending upon the consequences of the mistaken filing) malpractice.


Thanks .... I am sure it is malpractice. This attorney has one brain cell on a troubled sea of steroid excited testosterone.
 
...and you have your underpaid twit assistant use a plug and play software to make a filing and that up twit mixes the facts, plaintiffs and accused mixed up between two cases and reveals information to people not involved in individual cases to each other. You are the lazy ass ambulance chaser and you to not proof read the filings and go ahead and file and distribute these F-ed up filings to dozens of people.

For the attorneys on the board: Is this an ethical issue worthy of filing a complaint with the Bar? My simple brain says yes. My simple brain also says it should notify those improperly to me, my attorneys, and many others that they have been improperly named in a law suit.

What do you think?

Seek out Cynthia Baldwin for some very sound advice sir.
 
There is a distinction between a breach of ethics and actionable malpractice. It seems to be an ethical issue as attorneys owe a duty to supervise paralegals, associates etc. If the disclosure was something of importance, the attorney could easily have the court remove the improperly filed document and replace it with a document with the proper info on it.
 
In Pennsylvania there are three elements to a legal malpractice cause of action: 1) a duty to the client/plaintiff; oridnarily this means there is an established attorney-client relationship; 2) breach of the duty; that is, failure to exercise ordinary skill and knowledge of a professional; and 3) the breach is a proximate cause of damages.

A sloppy filing by an attorney that doesn't lose the case doesn't satisfy the third element.
 
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You need to talk to another attorney....fast. The pleadings and filings are important, but far from the most difficult part of the case, and the fear is that if he cannot do this, the difficult things will be beyond him totally.

This is fixable. What is coming wont be.
 
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