Legal Question in Legal Malpractice in Louisiana
My brother was charged and convicted of drug charges, (2-PWITD, 1-Possession) but was represented by an attorney who, we later found out was suspended at the time he represented my brother. We are not necessarily wanting to open his case again because we have been told that he would probably get the same result. My family paid this attorney five thousand dollars to represent my brother. He, of course knew what he was doing and did not sign the contract that he had with my brother nor did he give the receipts for the payments. He had someone else that was working for him collect the money and give receipts. This person did sign the receipts. I'm not sure if it makes any difference, but my brother is uneducated and cannot read or write much.
{ Legal Malpractice? }
What the family is wanting to do, is have this attorney refund the moneys paid to him to represent my brother. An attorney who I spoke to recently advised me to send this "so-called" attorney a demand letter and include in the letter that we would like for him to return the moneys as a settlement and also that we plan to file suit against him for just that.
{ All of this occurred in Jefferson Parish, LA }
I do not know how a demand letter should read and I need to know if my family and/or I can/may write this letter or should an attorney do so. Also, of course, I would like to know if this is the step to take at this time.
Thank you in advance for your help.
Corina Kerlec
Geismar, LA
1 Answer from Attorneys
Corina, you need to talk to an attorney and let them write the letter and move this situation forward for you. You seemingly have a rightful cause of action and you should pursue it through either the fake attorney or his cohort, both of them are liable if your story is accurate. You would need to talk to an attorney to share more details of the relationship between the two of them to establish some liability on the part of the person who accepted the cash and signed the receipt.
I am also not too sure you should accept, as fact, that your brother would be convicted again. And you should also talk to the attorney you consult about your brother's case, unless of course he is 'okay' with the sentence he received.
I know you must fell like you have been duped, and you certainly feel a little powerless to do much about it. These feelings, though meaningful, are misguided. You have rights and you should find an attorney to press those rights for you.
Good luck to you.
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