Legal Question in Civil Litigation in Michigan

Re: Initiating Civil Litigation without Attorney

You want to sue an attorney as a pro per?

I suggest you go to law school first.

Benjamin Pavone

Benjamin Pavone, Esq.

4908 Santa Cruz 8

Re: Initiating Civil Litigation without Attorney

The Attorney Grievance Commission does not determine whether an attorney has committed malpractice. It enforces the code of ethics which attorneys are required to follow. Therefore, even if the Grievance Commission determines that the attorney has violated the code of ethics, the violation might not rise to the level of attorney malpractice. This does not mean that you should not file a grievance if you feel that the attorney might have done something wrong. You should not, however, presume that the ruling of the Commission will make it easy for you to handle a malpractice lawsuit by yourself.

Due to the many possible acts and omissions that might constitute malpractice, it will be a significant task to learn what constitutes malpractice, what evidence is necessary to prove the claim, and how to present that evidence to the court.

You should consult an attorney to determine your rights and to determine further whether a duty has been breached by an attorney. The court system is slowed significantly, and innocent persons can be unnecessarily harmed, when persons inexperienced in the law attempt to handle complicated matters themselves (or "in pro per"). I have watched as judges have issued money sanctions against persons acting on their own behalf because they repeatedly fail to follow the court rules.

This response is not intended to be legal advice, and may not be relied upon as legal advice. No attorney/client relationship has been created as a result of this response. You should contact and consult with an attorney who can review the particular facts which affect your rights and obligations.

Stephen Scapelliti

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.

39395 W. Twelve Mile Road, Suite 200