Three years ago, a couple of clients reported him for defrauding them by withholding funds to avoid foreclosure, thus losing their only home at auction. But lawyer Daniele Condemi, 52, has proven to have always acted correctly, so much so that both the criminal and disciplinary investigations were dropped.
Now the Cagliari-based lawyer has also won a civil case, where he was sued for failing to take extrajudicial action to prevent the sale of their home.
The Civil Court of Cagliari ordered the client, the former owner of the property, to pay lawyer Condemi 11,000 euros in legal costs.
The judge ruled that the former owners' inaction, lasting three years, caused the foreclosure. "This negligent behavior by the debtor," the ruling states, "who waited three years in vain before consulting a lawyer, had a preponderant causal impact on the event."
In fact, if the plaintiff, upon receiving notification of the seizure, had contacted the defendant, the defendant could have advised her to request the conversion of the seizure, thus avoiding the sale of the property".
Therefore, no one is held responsible for lawyer Condemi, who was accused of failing to fulfill his duties. Furthermore, the correspondence between the lawyer and the creditor's attorney is proven in the documents.
The documents even reveal the formulation and acceptance of several settlement proposals. The civil proceedings also demonstrated that the former owners of the house had begun to take an interest in the matter when they were already in an extremely weak position vis-à-vis the creditor bank, which had incurred significant procedural costs. Hence, the person who had sued attorney Condemi in civil proceedings was ordered to pay the costs of the case, even after the Prosecutor's Office and the Bar Association had dismissed both the complaint and the statement in the same matter, having proven the lawyer's conduct to be correct.
