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VIC Conflict of Interest - How to Sue for Damages Against Law Firm?

Discussion in 'Other/General Law Forum' started by andre nikatina, 3 May 2016.

  1. andre nikatina

    andre nikatina Active Member

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    After a year of battling, I finally proved in family court the ex's lawyer was in a conflict of interest, since they represented me initially. Now the last year I have spent a lot in various courts with them dragging me through the mud.

    Now that I have family court orders and all the proof that they had no right to represent her, how do I go about suing the law firm for damages? What type of lawyer do I see for this type of work? Litigation lawyer?

    Thanks for any help pointing me in the right direction.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Andre,

    I would start by speak with the Legal Services Commission. If a legal professional has mishandled your matter, you are entitled to make a complaint to the LSC and in some case may be able to sue for compensation for breach of contract or through the law of negligence.
     
  3. andre nikatina

    andre nikatina Active Member

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    Thank you for your reply Sophea.

    Maybe you misread my question? Maybe you didn't really pay attention to it? Maybe you gave a generic answer? I am not sure but you didn't answer what I was asking.

    The legal commissioner is a separate matter, I will explain why.

    First of all, I have even ordered all the court transcripts to have solid undisputable evidence of their misconduct. I have spoken to the commission and they know what's coming, but they have the ability to compensate a maximum of $25,000. And I cannot issue any other proceedings against this firm until their investigation is done. Who knows how long that will take, 3 months to a year I assume.

    So considering I am out of pocket around $100,000 because of the direct actions of this law firm, going to the commission first is not for me the best move.

    I don't know why you're talking about contracts, etc. in your reply.

    I simply want to know what type of lawyer would I need to sue this law firm for damages. That's all.

    Thank you. I apologise for the long explanation. I don't understand why it is assumed everyone is a dimwit that posts on here.

    Thank you
     
  4. Sophea

    Sophea Well-Known Member

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    Hi Andre,

    It's difficult to assess from a 5 line question what existing legal knowledge you have, what research you have already conducted, at what point you are at in your action against the former solicitors and to and the extent and detail of the response you require. Perhaps if you had provided the additional information you provided in your supplementary post first time round, the response you received would have been more suited to your needs.

    And as a side point, seeing as though the help is free, it's a bit rich to be complaining about it.

    So in response to your question, yes litigation lawyers. Particularly those who specialise in professional indemnity matters.
     
  5. andre nikatina

    andre nikatina Active Member

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    Hi Sophea,

    Thank you for your fast and helpful response.

    Again I apologize for the heavy tone.

    But you see, 2 minutes later I get an answer to my question. So it works.
    haha J/K

    But thanks again and next time I have a question I will try to be more detailed and specific.
     

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