You are here:

Civil/Commercial Litigation (Lawsuits)/Breach, Promissary.., foreclosure

Advertisement


Question
I have court today where after over a year my attys are still trying to get past a demurrer. The pleadings are nonsense, they go in circles w/various wrongs by WFHM and in the judges tentative ruling he dismissed w/o leave to amend. Today they have oral arguments and I don't have a chance unless the atty I have today admits he is new and taking over for the atty who wrote all pleadings but one. He's taking over b/c the atty who wrote the bad pleadings is currently suspended by the State Bar. I know I could probably get the atty later for violating the Bar's suspension but today I'm losing my home of 36yrs. I have no place to go due to bad credit and a perm disability.
Can you think of a way to get around this problem today while I'm still in my home? By the way, the bank did wrong me in several ways.

thx, MB

Answer
Hello MB,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

I don't know what state you are in, but it seems to me rather common that a litigant ought not be penalized for the technical errors of the attorney, particularly when those errors are as great as you describe.

My suggestion is that within your case you alert the judge in writing that your attorney who drafted your pleadings has been suspended by the bar, and again request leave to amend.  If the judge doesn't grant that, you may have an opportunity to appeal.

I also suggest that you alert your new attorney to whatever "wrong" you believe the bank did, and make certain those work their way into your trial record somehow.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

All Answers


Answers by Expert:


Ask Experts

Volunteer


Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

Publications
AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

©2016 About.com. All rights reserved.