Legal Question in Personal Injury in South Carolina

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).

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

1 Answer from Attorneys

James Hamilton Law Offices of James L. 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"

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Answered on 11/21/97, 12:06 pm

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