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Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

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Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Fri Apr 26, 2013 6:55 pm

You can file a complaint with "Colegro de Notarios" Our corp attorney at the golf course advised today, you have recourse. She advised the process to file a complaint, and it is simple....just needs to be in Spanish. Kind of a hidden secret to gringos, but well known to Mexican population, I am told.

We are filing a complaint against a Chapala attorney who made errors on a will. The attorney admitted error, and offered to file correction documents for 2300 pesos.....he was paid 2000 pesos to write the will. It would take less than an hour of his time to correct.

Just an FYI, PM for attorney name....might save you some frustration....and for Pedro the other PITA


Last edited by Jim W on Fri Apr 26, 2013 7:12 pm; edited 1 time in total
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Pedro on Fri Apr 26, 2013 7:03 pm

isn't it strange that espanol is the official language here and you have to file legal documents in that language. i never knew that. muchos gracias for the info.
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by brigitte on Fri Apr 26, 2013 7:10 pm

colegro is not a Spanish word.

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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Fri Apr 26, 2013 7:14 pm

I probably spelled it wrong, as I can't read her writing....will provide correct spelling tomorrow. Looks like Colgro.
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Pedro on Fri Apr 26, 2013 8:58 pm

colegio
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Sat Apr 27, 2013 1:18 pm

Pedro wrote:colegio

Thank You Pedro!


Colegio de Notarios To file a complaint when your attorney makes an error and refuses to correct it.
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by CheenaGringo on Sat Apr 27, 2013 1:30 pm

Wouldn't that be: when your notario screws up? I just get so confused when it comes to lawyers or notarios in Mexico!

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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Sat Apr 27, 2013 1:55 pm

CheenaGringo wrote:Wouldn't that be: when your notario screws up? I just get so confused when it comes to lawyers or notarios in Mexico!



I think so Neil, the whole thing is confusing as in our case the attorney processed the will through the Notario......I still don't understand how they connect.
This will be an interesting learning process. The Attorney admitted error and was willing to correct for 2300 pesos, he only charged 2000 for the will.
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by DonPito on Sat Apr 27, 2013 2:12 pm

Jim W, an attorney didn't screw up the will, a NOTARIO screwed up the will. Only a Notario can write a will in Mexico (yes, a Notario is an attorney but with further education, a better title, and a much higher income).

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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Sun Apr 28, 2013 3:06 pm

DonPito wrote:Jim W, an attorney didn't screw up the will, a NOTARIO screwed up the will. Only a Notario can write a will in Mexico (yes, a Notario is an attorney but with further education, a better title, and a much higher income).


Don, beginning of confusion....We only met with attorney who collected data, made final copy, reviewed with me, and I assume submitted will to Notario # 1...for review and signature. I never met the Notario. Do you or anyone know if this is SOP?
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by brigitte on Sun Apr 28, 2013 4:38 pm

How do you know that it is the notario who screwed up the will and not the lawyer giving the notario insufficiant information or wrong information?
What is SOP?

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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Sun Apr 28, 2013 5:09 pm

Standard Operating Proceedure, Brigitte, I think the attorney screwed up, but, that the Notario has him on the payroll, and accepts responsibility...don't know for sure?
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Wed May 01, 2013 5:54 pm

Has anyone dealt with Notario #1? Rumor has it he has disappeared. Has anyone met or received signed documents in his presence? Warning to all....avoid this office for wills!
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by arbon on Wed May 01, 2013 6:10 pm

Rumour has it that #1 went for a #2.
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Wed May 01, 2013 6:21 pm

arbon wrote:Rumour has it that #1 went for a #2.

Not really funny Arbon, when expats are getting screwed by attorneys here. Spencer is writing complaint vs. Notario # 1 So far his error has cost the estate money, and delayed probate hearing.....Have another cocktail!
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I'm doubly confused here.

Post by Talosian on Wed May 08, 2013 1:00 pm

[/quote]

Not really funny Arbon, when expats are getting screwed by attorneys here. Spencer is writing complaint vs. Notario # 1 So far his error has cost the estate money, and delayed probate hearing.....Have another cocktail![/quote]

First, It's said the Notario made the mistake so wouldn't the complaint be against him/her directly and not the attorney who farmed the document to him/her?

I did not know a Notario is also an attorney.

As for Spencer filing a complaint against an attorney/notario, it's hard to believe this is the Spencer I know.

Most attorneys NOB, and I would think the same would apply in Mexico, if not more-so, is that filing against another attorney doesn't usually happen. Here is the reason:

It''s not because attorneys do not screw p, because they do. At least NOB, they have E&O insurance, there I'm told that doesn't exist.

If one attorney files complaint (in court or otherwise) against another attorney, the word will get around very quickly in the legal community that attorney "A" filed a (Malpractice?") claim against attorney "B." This is sort of like attorney A is attacking his brother (attorney B). Not many attorneys want that reputation, especially an attorney who is in tight with the other attorneys and those elevated ones called judges.

A more practical reason is that almost all attorneys know they have/will make a mistake, and if they have sued another attorney for malpractice, other attorneys will be lining up to sue him/her.

But back to the original question about when an attorney screws up.

When I asked Spencer that exact question, he just rolled his eyes, and that was enough of an answer for me.

I would love to have a better answer since so far I have paid $2,500 to an attorney and despite representations nd promises by the attorney nothing has been done. Nada!

t least I have a witness to my payment to the attorney that can't be impeached.

We'll see.

All above IMO of course.



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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by viajero on Wed May 08, 2013 2:01 pm

Talosian wrote:



I would love to have a better answer since so far I have paid $2,500 to an attorney and despite representations nd promises by the attorney nothing has been done. Nada!
[/quote]
You should cut your losses and hire a different attorney.

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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by brigitte on Wed May 08, 2013 3:08 pm

Talosian

The job of an attorney is to represent you and if you want to go after another attorney it is the job of your attorney to do it if he accept the job.

A notario is neutral he cannot represent clients against someone else. He is there to research titles, to write wills but he is not there to litigate.

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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Wed May 08, 2013 4:29 pm

1st Spencer is not filing the complaint. He is writing a proper complaint on behalf of of the executor of the estate, Spencer will not be listed anywhere.

The attorney that wrote the deceased will works out of Notario #1 office.
In this case the deceased never met the Notario, nor did I as we used the same attorney/Notario. Speculation has it the Notario#1 may no longer exist, and the office may be now run by 3 or 4 rogue attorney's.

Not knowing Mexican Law, one might end up with issues concerning validity of wills....written by this firm.....WTFK?

I can only say that we worked thru this office, and never met the Notario!
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by brigitte on Wed May 08, 2013 5:24 pm

Twelve years ago number 1 was Lic. Antonio Basulto Ruiz, as I said we met with him, is it still the same man?
They used to be on Madero 266.

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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Wed May 08, 2013 6:14 pm

Brigitte, still haven't met him......my fear has yet to be confirmed.
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by brigitte on Wed May 08, 2013 6:38 pm

Do you think a bunch of attorneys are running the show and the man has disappeared? Someone in town has to know him and know if he is around. No?

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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Jim W on Wed May 08, 2013 6:44 pm

I've stopped in many times over the past month......asked for hin, made appt., never have I met him, always an excuse.....Yes Brigitte, I do! I am clueless about legal representation in Mexico. From what I have read, the Notario writes the will, and neither I or 2 other people I know, have met the man!

Once Spencer completes doc, for our sig, we will file complaint, and this may be 1st step to truth.
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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by brigitte on Wed May 08, 2013 7:23 pm

That is a strange one for sure because if it is the same man I met him and he was not difficult to meet at that time.

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Re: Who do you call, WHEN YOUR ATTORNEY SCREWS UP!

Post by Talosian on Thu May 09, 2013 2:37 pm

Jim W wrote:1st Spencer is not filing the complaint. He is writing a proper complaint on behalf of of the executor of the estate, Spencer will not be listed anywhere.
[i]

Well, Spencer has just been outed as the attorney who probably advised and then assisted the executor in filing a complaint/denuncia against an attorney.

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