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Potential Case Against Carolina Legal for Misrepresentation and Breach of Contract

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A few years ago, I consolidated my credit card debit with Carolina Legal. I paid them over $7,000 and receive a letter in the mail that Daniel Rufty was being disbarred and their company was being dissolved. They did not contact any of my creditors to help resolve my debt and I was out $7000 and back at square one. A law firm mailed a letter to us, asking what/when/how much we paid to Carolina Legal and they would decide if we were owed funds back. I faxed this information to them twice. Yesterday, I received a letter in the mail stating we were not owed any money. Do I have a case to sue to get my money back? 

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of North Carolina. If the response is inadequate, please submit a detailed inquiry.

Potential Case Against Carolina Legal for Misrepresentation and Breach of Contract

Your situation highlights a potentially significant legal dilemma involving a lawyer's misconduct, possible breach of contract, and misappropriation of funds. If Carolina Legal accepted payment for a service and subsequently failed to provide that service, you might have a valid claim.

Relevant North Carolina Laws:

Potential Solutions:

  1. Civil Litigation: Consider suing Carolina Legal for breach of contract, given they accepted payment but did not perform the agreed-upon services.
  2. State Bar Complaint: File a complaint with the North Carolina State Bar, detailing the attorney's misconduct and your subsequent financial loss. They have mechanisms to assist clients wronged by their attorneys.
  3. Alternative Dispute Resolution: Consider mediation or arbitration to resolve the dispute without going to court. Many arbitration and mediation attorneys specialize in this field.

Legal Fee Breakdown for North Carolina:

Service Average Cost
Consultation with attorney $250 - $500
Breach of Contract lawsuit $3,000 - $10,000
Mediation session $1,000 - $3,000
Arbitration process $2,500 - $7,500

Prices vary based on the complexity of the case, the experience of the attorney, and other factors. North Carolina does not have a cap on legal fees, but they must be reasonable.

Clarification and Next Steps:

Your situation certainly raises concerns, but to provide a comprehensive solution, more details are required. Specifically, did you sign a contract with Carolina Legal detailing their services?

Consider acting promptly to secure your rights and possibly recover your funds. It might be beneficial to find the right lawyer to help you navigate this situation.

Questions for Further Discussion:

  • Did you sign a written agreement with Carolina Legal detailing the scope of their services and fees?
  • Were there any communications (emails, letters) with Carolina Legal or Daniel Rufty regarding the services they were to provide?
  • Did any other law firms or attorneys contact you concerning this situation or offer legal assistance?

Q1: Can I file a complaint against a disbarred attorney?

Yes, you can file a complaint against a disbarred attorney with the North Carolina State Bar. Even if the attorney is no longer practicing, the Bar may take actions or provide avenues for relief for aggrieved clients.

Q2: How long do I have to file a civil lawsuit for breach of contract in North Carolina?

Typically, the statute of limitations for breach of contract in North Carolina is three years. However, this can vary based on specific circumstances, so it's essential to consult with an attorney to understand your rights.

Q3: What is the difference between mediation and arbitration?

Mediation is a negotiation facilitated by a neutral third party, while arbitration is a process in which a neutral third party renders a decision after hearing both sides. Both are alternative methods to traditional court litigation.

Q4: Can I recover attorney's fees if I win my case?

It depends on the specifics of your contract and the nature of the case. In some instances, North Carolina law allows the prevailing party to recover attorney's fees, but it's not guaranteed.

Q5: If another law firm contacted me regarding this situation, should I trust them?

Always exercise caution. It's essential to do your research, compare lawyers in your area, and ensure that any attorney or firm you engage with is reputable and has your best interests in mind.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Potential Case Against Carolina Legal for Misrepresentation and Breach of Contract" has been changed 1 year 5 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of North Carolina & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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