South Carolina  |  Personal Injury

Legal Question

Asked on: 11/13/97, 10:54 am

How to Avoid Equitable Remedies

I am a non-attorney attempting to bring an action against an attorney for "Fraud upon the Court". When writing the Complaint, how do I prevent the Court from deciding case in Equity (no jury).

1 Answer

Answered on: 11/21/97, 12:06 pm by James Hamilton

A lawyer who represents himself......

As the old saying goes, he has a fool for a client. Before you go off and sue a lawyer, you better be sure of your legal position. Ifyou are wrong, this lawyer is likely to knockyour block off with counterclaims and frivolousaction suits. See local counsel to representyou on something like this. Otherwise, you areasking for trouble. Lawyers don't like to besued and get kind of touchy if they are. I have no idea what "Fraud on the Court" is inyour jurisdiction, but legal malpractice casesare generally not ones to be tried in "equity'but are tried in law to a jury, unless waived.You might also consider filing a complaint withthis lawyers Bar Association if you believe hedid something wrong before the Court. Trustme, the bar associations look into such complaints with vigor, and the consequences toa lawyer can be over-whelming. While it maynot put money in your pocket, it costs nothingand may yield satisfaction that "the law wasupheld"

Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.

Law Offices of James L. Hamilton 24441 Detroit Road Ste 300 Westlake, OH 44145-1543

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

133 Answers given in the last few hours.

8661 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search