PORTLAND – A Portland landlord is suing his former lawyer after losing a $1 million civil case.
Joseph Soley alleges Neil Weinstein failed to turn over documents and made “incredible false statements that offended the court.”
The lawsuit, which was filed in Cumberland County Superior Court last week, stems from a case four years ago in which four University of Southern Maine students said Soley forced them to live in uninhabitable conditions.
Michelle Dussault, Andrea Harris, Kimberly Nightingale and Karen Simard said they had to endure roaches, mice, lack of heat, a broken toilet, a leaky roof and a dead cat under the floorboards at the apartment at 436 Fore St.
They also said Soley failed to respond to their complaints and threatened and bullied them instead.
The case was scheduled for trial, but before a jury could look at the facts, Superior Court Justice Nancy Mills ruled that Soley was in default because he repeatedly ignored court orders to provide the students with information, such as financial statements.
In this lawsuit, Soley claims Weinstein failed to fight the tenants’ requests for that financial information. He also alleges that Weinstein failed to tell Soley important facts about the case.
“As a direct and proximate result of the negligence and professional malpractice of defendant Weinstein, a default was entered against the plaintiffs,” the suit alleges.
By the time the judge ruled against Soley, Weinstein was no longer involved in the case. Weinstein said he quit working for Soley before the case came to court because Soley refused to cooperate.
“He had control of everything. I had nothing in my possession,” Weinstein said. “I had no control over Joe. He just simply was not cooperating with me. He is very sophisticated, very well versed in the law. He’s not some innocent person involved here.”
Soley and his lawyer could not be reached for comment.
Soley is one of the original investors who helped transform the city’s Old Port from a neighborhood of abandoned storefronts and empty warehouses into a prosperous shopping and entertainment district.
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