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STATE OF MAINE SUPERIOR COURT KENNEBEC, ss. CIVIL ACTION DOCKET NO. ________ MOURAD JDAINI, of Phoenix, * County of Maricopa, and State * of Arizona, * * Plaintiff * * v. * COMPLAINT * MARK NALE, an individual * with a place of business in * Waterville, County of Kennebec * and State of Maine, * * and * * NALE LAW OFFICES, LLC, * a Maine limited liability company * established for providing * professional legal services also * with a place of business in * Waterville, County of Kennebec * and State of Maine, * * Defendants * * NOW COMES the Plaintiff, Mourad Jdaini, through counsel, Thompson, Bull, Furey, Bass & MacColl, LLC, P.A. and complains of the Defendants as follows: 1. Plaintiff is an individual who resides in Phoenix, in the County of Maricopa in the State of Arizona.

Complaint

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Page 1: Complaint

STATE OF MAINE SUPERIOR COURTKENNEBEC, ss. CIVIL ACTION

DOCKET NO. ________

MOURAD JDAINI, of Phoenix, *County of Maricopa, and State *of Arizona, *

*Plaintiff *

*v. * COMPLAINT

*MARK NALE, an individual *with a place of business in *Waterville, County of Kennebec *and State of Maine, *

*and *

*NALE LAW OFFICES, LLC, *a Maine limited liability company *established for providing *professional legal services also *with a place of business in *Waterville, County of Kennebec *and State of Maine, *

*Defendants *

*

NOW COMES the Plaintiff, Mourad Jdaini, through counsel, Thompson,

Bull, Furey, Bass & MacColl, LLC, P.A. and complains of the Defendants as

follows:

1. Plaintiff is an individual who resides in Phoenix, in the County of

Maricopa in the State of Arizona.

2. The Defendant, Mark Nale, is an individual who has a place of

business in the City of Waterville, County of Kennebec and State of Maine.

3. The Defendant Nale Law Offices, LLC is a professional limited

liability company organized and existing under the laws of the State of Maine

Page 2: Complaint

and also has a place of business in Waterville, County of Kennebec and State

of Maine.

4. On October 29, 2009, the Plaintiff filed a Notice of Claim

pursuant to Statute naming the Defendants/Respondents as claim notice

recipients. A copy of said Notice is attached hereto as Exhibit A.

5. On or about June 10, 2007, the Plaintiff entered into a written

agreement as is required by the Maine Bar Rules engaging the Defendants to

represent him and his former wife, one Casey Denis, to pursue a wrongful

death claim for the death of his adolescent son, Zyah Denis.

6. The son of the Plaintiff had drowned in a swimming pool while in

the custody and control of his mother and his great grandparents.

7. At the urging of the father of Casey Denis, the Plaintiff met with

the Defendants and entered into the Contingent Fee Agreement for the

performance of legal services. A copy of the Agreement is attached hereto

as Exhibit B.

8. The obligation of the Defendants to the Plaintiff was to perform

legal services which were to be performed faithfully and with due diligence.

9. After the Plaintiff entered into the written agreement with the

Defendants, the Defendants engaged in conduct that showed a preference of

one of the contract clients, Casey Denis, over the Plaintiff.

10. Over a period of several months, the Defendants communicated

with Casey Denis but not with the Plaintiff. The Defendants sent a Notice to

an Insurance Claims Adjuster that they were withdrawing from

representation of Casey Denis and notified various parties in writing of that

circumstance but failed to notify the Plaintiff.

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Page 3: Complaint

11. Over the course of the next two years, the wrongful death claim

was pursued by Berman & Simmons and William Robitzek, Esq., pursuant to

a Contingent Fee Agreement which the Personal Representative of the Estate

of the decedent adolescent, Zyah Denis, had entered into with Berman &

Simmons and Mr. Robitzek.

12. After an action had been filed in the Superior Court, discovery

had been conducted, and a mediated settlement had been reached, the

Plaintiff learned for the first time that there had been a mediation and a

settlement had been agreed but all that occurred without the participation of

the Plaintiff.

13. In fact, the Plaintiff first learned of the settlement and the

amount of settlement through his former wife now known as Casey Denis

Perkins who advised him of the settlement and demanded that she be

awarded 80% of the settlement proceeds.

14. The Plaintiff was forced to engage attorneys both in Arizona and

in Maine to determine what his legal rights were to the settlement proceeds

and as that process unfolded the Plaintiff became aware of many

circumstances and events which had occurred all without his knowledge and

consent and without consultation from the Defendants.

15. The Defendants have breached their duties to the Plaintiffs to

perform legal services and to perform them faithfully and with due diligence.

16. The conduct of the Defendants constitutes legal malpractice,

conflict of interest, the preference of one client over another, failing to fulfill

the terms of the professional engagement, failure to analyze the law of the

domicile of the decedent, and the failure to keep their client, Plaintiff,

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Page 4: Complaint

informed of the progress or lack of progress of the pending probate

proceeding and the wrongful death claim.

17. Each one of the foregoing breaches of conduct or obligations

constitute a separate and distinct basis for a claim of the Plaintiff against the

Defendants.

18. As a consequence of the failure of the Defendants to perform

their obligations to the Plaintiffs according to existing legal standards, the

Plaintiff has been injured and seeks compensation for his injuries which

include expenditures to ascertain the state of affairs of his legal rights, travel

expenses, emotional pain and suffering which exacerbated the emotional

pain and suffering already occasioned by the tragic death of his adolescent

son.

WHEREFORE, Plaintiff demands that judgment be entered on his

behalf against the Defendants and that he be awarded damages in an

amount which this Court deems to be appropriate plus interest and costs.

Dated at Portland, Maine this ___ day of February, 2010

Nicholas Bull, BRN #1030Attorney for PlaintiffMourad Jdaini

Thompson, Bull, Furey, Bass & MacColl, LLC, P.A.

P.O. Box 447Portland, ME 04112-0447 (207) 774-7600

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