Asked in Legal Malpractice for Pennsylvania

Q: I have an audio recording of my lawyer for breaking the law. Can I sue him?

I am an epileptic. My audio device accidentally recorded my lawyer make an agreement to lose my case. On the FIRST morning of the lawsuit trial between me and the defendant, my lawyer and the defendant's lawyer were a short distance away from me. I have a little brain damage and was medicated. In the early morning courtroom, my lawyer asked the defendant's lawyer "Did you read my proposal?" The defendant's lawyer answered yes; he then asked some questions. My lawyer answered "Yeah, yeah. Scratch the large award. We're not winning. He's not qualified".

My lawyer never shared his conclusions with me, his client. Incredibly, my lawyer continued on with the trial for the next three days. All after he assured the defendant's lawyer that he would not win!

During the trial, my lawyer had not cross examined testimony by the defense witnesses that showed they hit my bicycle with their motor vehicle, or mention their damning testimony at his closing.

The jury sided with the defendant.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Much depends on what the paper was. From the conduct of the lawyer to keep trying the case--when I'm assuming he is not paid by the hour but on a contingent fee, doesn't make sense if he's not going to try.

You need to get the recording re-recorded so it's not accidentally erased. Get some spare copies.

However I suggest you contact an attorney who handles malpractice cases. In the meantime, you should file an appeal of the case. This will require you to get a fee waiver for the transcript . You then have to follow certain steps, which makes it a case where you should have an attorney represent you.

1 user found this answer helpful

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