Crooked attorneys and the court

This is a discussion on Crooked attorneys and the court within the Introduction forums, part of the Welcome to LegalHelp.org category; I was sued for putting a culvert in an irragation ditch on land I own. District court ruled I could do this as it didn't interfer with their secondary easements ...

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  1. #1
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    Angry Crooked attorneys and the court

    I was sued for putting a culvert in an irragation ditch on land I own. District court ruled I could do this as it didn't interfer with their secondary easements rights. They also ruled in my favor on 4 other isses brought under the rule in Montana 70-17-112. They appealed claiming the judge errored in ordering the culvert to remain in place. When they filed they forgot or and didn't file for attorney's fees or on the other issues brought under this staute. The Bias Supreme court ruled that you do any to a irrigation basically can't even look at it. So in the rulling the Supreme court baically said why didn't you raise the issue on the other 3 claims, opps. So the Appelate filed a motion to now ask for attorneys fees because they now privailed on their complaint and also claim that because we don't use the road or state (the other issues) that they have now won. The judge has not ruled yet but there is all kinds of case law where the Supreme court of Montana has said "you must privail on ALL issues in order to collect attorneys fees". The Appelate has now informed the clerk if they loose again they will refile an appeal on the issues they forgot to appeal in the first place. I have given up because I am broke and my husband is now very ill. This guy is a rich ranch with more money than he can spend so he buried us in fees. I will now be forced to file bankrupcy if the District court rules in thier favor. I guess you can just keep filing until you get the verdict you want, I always thought that you get one bite of the apple in Supreme court but not in Montana. Can any one help.


  2. #2
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    What kind of help are you looking for? Many courts are very generous with allowing attorneys to refile or edit their original complain to include more counts. I recommend contacting your local bar association and see if they can refer you to a free civil law clinic.
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  3. #3
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    Well did some research there is a matter of law called "res judicata" which says you can't not retry or even bring the issues you lost on in the case or even a different trial, or a motion in the same trial once the "final judgement" has been given which is the original trial that's it. You can appeal the final judgement only once, once you appeal and you then find out you goof or forgot or your dog was run over it is to late to bring it up again in state SC you can't even "amend" your brief, so to say you get one bite of the apple so make it a big one. One thing I have found out attorneys are so crooked they will screw you every chance they get why because they make their money that way. The one attorney I thought would not do this has again done the same as all the rest of them, remember it is a big club and no one wants to snitch on a fellow member. No wonder so many people are going Pro Se. I got thru with state SC judges that HATE Pro Se and that's why I lost, but silver lining they stepped on my rights so next stop Fed District Court. WOW, yes you can file a lawsuit against a judge even SC judges, it is hard but can be done.

  4. #4
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    The reason that judges do not like to deal with pro se individuals is because the majority of them are unfamiliar with the law and they can drag on and complicate the legal process. A judge has very little time and a whole lot of cases that he must deal with...this is why they encourage settlements. However, this is no reason for injustice to occur. I will review your questions again and see if I can provide a more thorough analysis later today.

    In the mean time, if you feel that a lawyer has acted illegally or unethically, you can and should call your bar association and report them.
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  5. #5
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    Ya right waste of time and even the BAR told me that and then what if they have no insurance your out of luck and just made an attorney mad. I did it Pro Se and followed all the rules and time lines and researched everything on Lexis and they even ruled aganist what they (the SC) had held up on other cases. But one SC judge was a total idiot and jerk every attorney that read the case couldn't believe it and said the same "he needs to be retired".

  6. #6
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    Yes but not after the FINAL JUDGEMENT has been rendered and every one has rested, you can appeal but once you do that's it you can't file a motion claiming the same issues and appeal again "res judicata" read it. This guy has a very slick attorney that will lie, cheat and even try and testify. And during the trial there is still a time line which you need to follow the DC judge may extend it if you have good reason but not 3 weeks after the time line and never after the final judgement.

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    It seems your best option then is to keep appealing until a competent judge overturns the trial courts decision.
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    What is the name of your case? I'd like to see the Montana Supreme Court opinion about it.
    thanks

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    Can't do that because of "res judicata"


 

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