Legal Question in Legal Malpractice in Michigan

just wrong

I received 2 civil citations from my city for installing a fence over 6' high. one for backyard and one for side yard. I actually installed 4'x8'lattice on 4x4's in backyard 10' high. And 2'x8',8' high, lattice on 2x4's in side yard. Attorney said it was misdameanor w/ $500 fine and possible jail time, Also, I would have jury trial.

It turns out it was civil infraction for $50.00 to $125.00 in front of a Judge. The citation for backyard was dropped because it was not a fence,(have transcript) but side yard is a fence. the items in question are not attached to the ''real fence''.

My attorney did not give Judge pictures of my backyard. If he had the Judge would have seen a picture of the same thing with less mass and permenance in the side yard. how can one be a fence and one not. I believe I was screwed. Can I do any thing?

I was told I would have a Jury and it was a misdameanor. He lied to me. I was very worried about jail time if I lost. A $100.00 fine would have been better than the $850.00 the Attorney cost. Also the attorney did not have me sign a contract or retainer of any type.


Asked on 2/26/04, 11:49 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: just wrong

In the grand scheme of things, I would not worry about it too much. Since you did not get anything but a civil infraction and since the attorney fees were not very great, don't eat yourself up over it. Generally, your not going to get the world class lawyers taking those cases. If you don't believe me, go to your local library and take out the Martindale-Hubbell book on attorneys in your area. Go to your city in the book, look up lawyers rated "AV" (very high to preeminent in ability and ethics), call them and ask what they would charge to represent you in such a case. Then you'll stop fretting. Bill Stern

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Answered on 2/27/04, 7:29 am


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