Complaint
Transcript of 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
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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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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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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