FlaLawyer , “acts of an attorney are directly attributable and binding upon the clien

[david9041]

FlaLawyer , “acts of an attorney are directly attributable and binding upon the client.”

Thanks , I moved this post because it is not about arbitration although my claim will be held in arbitration . I am sure Cap1 will claim they are not responsible for the lawyers action of presenting false evidence ( knowingly ), I don't understand if I need Florida case law or case law from any state .

Arbitration is under federal guidelines because of FAA correct ?

It seems it would depend on the contract / agreement they have , they have refused giving me that information , I should be able to get the arbitrator to demand it if they claim " not our fault "

________________________________________________________________________________

The court further charged that the “acts of an attorney are directly attributable and binding upon the client.”

The proper focus here is whether Attorney was acting within the scope of his representation when he committed the alleged acts of gross negligence. In the attorney-client relationship, clients are generally bound by their attorneys’ acts or omissions during the course of the legal representation that fall within the apparent scope of their attorneys’ authority.

http://www.sccourts.org/opinions/HTMLFiles/SC/26010.htm

Nyer v. Carter, 367 A.2d 1375 (Me. 1977) (if tort committed by agent/attorney, then principal/client is liable if act was done within scope of attorney’s employment, even though client did not specifically authorize the tortious conduct).

Hewes v. Wolfe, 330 S.E.2d 16 (N.C. App. 1985) (where attorney is guilty of oppressive or wrongful conduct during course of proceeding to enforce claim of principal, principal is liable for attorney’s wrongful acts);

Southwestern Bell Tel. Co. V. Wilson, 768 S.W.2d 755 (Tex. App. 1988) (creditor vicariously liable for alleged tortious collection efforts of its attorneys for its benefit; relationship between client and attorney was agency relationship);

[david9041]

Sure could use your input on this , Happy New Year Everyone

[FlaLawyer]

You can argue it. You never know how far it will go until you try.

The defense will likely be that the process server went outside its scope of employment and therefore the non-server defendants cannot be held liable for the servers illegal acts.

The arbitration should proceed according to the choice of law selected in the contract. What does the contract say?

[david9041]

You can argue it. You never know how far it will go until you try.

The defense will likely be that the process server went outside its scope of employment and therefore the non-server defendants cannot be held liable for the servers illegal acts.

The arbitration should proceed according to the choice of law selected in the contract. What does the contract say?

Thanks , I know trying to get to Cap1 from the server to Cap1 is a long way to go , I am thinking from the lawyers to Cap1 , the lawyers knowingly submitted false evidence , and Cap1 is responsible for the lawyers action, Cap1 will claim" not our fault " they then would have to produce the Contract / Agreement between them and the law firm , I have been demanding that from the start .

I am trying to bring this to an issue of Cap1 denying my right to Due Process Of Law and violating my Civil Rights ( Court action without Due Process )

I am claiming to be a third party injured by their actions , I found this and I am wondering if I could somehow use it in my arbitration claim ? I find this statement interesting .

RULE OF LAW: If two defendants are negligent in concert and damage is caused such that only one or the other would be liable, both defendants will be liable for the damage if the plaintiff is unable to show which defendant in fact caused the injury.

Calculus of negligence

In the United States, the rule of Summers v. Tice holds that where two parties are equally negligent, but only one causes an injury to a third party, the burden shifts to the negligent parties to prove that they were not the cause of the injury.

You said "What does the contract say? Do you mean the Cap1 Agreement ?

[FlaLawyer]

You said "What does the contract say? Do you mean the Cap1 Agreement ?

Yes.

[MG05]

.

Edited January 1, 2010 by MG05

[david9041]

In reading that agreement it says you can bring a claim “for which we may be directly or indirectly liable under any theory including respondent superior or agency” ... Crazy Right ...

I did not see that does that mean "respondent superior " would be Cap1 and " agency " would be the lawyers ?

How then will they defend against the wrongful acts of the lawyers ?

[david9041]

I did not see that does that mean "respondent superior " would be Cap1 and " agency " would be the lawyers ?

How then will they defend against the wrongful acts of the lawyers ?

Yes it is in the agreement they sent , it's a 2005 and the agreement would have taken place in 2003 I think , I had told JAMS they had not sent the correct agreement , JAMS told me to send the one they sent me and they would make sure Cap1 furnished the correct one , Cap1 refused so many requests for the correct one that I want to know what the correct one states , The Cap1 lawyer told the Judge they were the same , but the Judge told him it was not unreasonable to think they could have made some changes , he told the Judge he would send me the correct agreement , two weeks later I received another 2005 agreement .

Again How then will they defend against the wrongful acts of the lawyers