Supposed indeed.
Valencia, 19-02-2018
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The plaintiff maintains that they asked the lawyer to desist from the procedure in order to try to reach an out-of-court agreement with their son in the legal matter that was managing them. The plaintiff refers that the Lawyer did not heed his indications to try an out-of-court settlement and that for this reason he prevented the plaintiffs from starting another procedure again after ending the out-of-court negotiation.
They request that the lawyer and the insurance company be condemned jointly and severally for the damages that they consider they have suffered as a result of what Mr. Carlos and Ms. María refer to as a cause of incorrect professional practice.
Objective. Question raised.
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Get them to declare that there has been professional civil liability alleging professional negligence in relation to a non-judicial Execution of Titles procedure.
The strategy. Proposed solution.
The plaintiff intends to have professional civil liability declared due to the negligence of his former lawyer in a non-judicial Enforcement of Titles proceeding. The plaintiffs asked the lawyer to withdraw from it while they tried to reach an out-of-court settlement with the executed (who was their son). They thus intended to leave open the possibility of starting a new procedure in the event of a failure in the negotiations. Without attending to these orders, the lawyer requested the filing of the procedure for extra-procedural satisfaction of the object, which was res judicata and made it impossible for the plaintiffs to start another execution procedure after ending the extrajudicial negotiation. Consequently, it is requested that the lawyer and the insurance company be condemned jointly and severally for the damages caused as a result of professional malpractice.
The judicial procedure
- Jurisdictional Order: Civil
- Court of initiation of the procedure: Court of First Instance
- Type of procedure: Ordinary Trial
- Procedure start date: 02-19-2018
Parts
Plaintiff party
Defendant
Insurance entity
Requests made
Plaintiff party
It requests that the defendant be sentenced and that the payment of the amount demanded by the plaintiff be assumed, alleging the existence of a negligent professional performance.
Defendant
Free acquittal and full dismissal of the defendant is requested.
Arguments
Plaintiff party
This party requests that the lawyer be declared professional civil liability for professional negligence by virtue of a procedure for the execution of non-judicial titles and that the insurance company be jointly and severally condemned for the damages caused.
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