you please call our third case this morning a few years before the dates that you're talking about she was just simply a very good attorney i mean she really tried to do what she could in this case and she sent a bill to resurrect case frank protected from that the fact that she saw you know actually thinking about my argument today how many times the worst make successful in resurrecting they had noticed that i believe whether those damage whether those fees were caused by a negligence of a prior so construction systems have to pay care embarrassed to try and fix the defect in the notice to preserve the lien by some other seems also when we get into this whole concept that i've read cases about these prophylactic suits or provisional was those lawsuits inevitably would carry with them of the most that kind of an error that kind of a mistake is certainly not plainly because even when it got to the next lean judge mechanic's lien judge construction systems work and should be held liable for it but on the issue of the priority of the mechanic's lien over the banks when there was never any issue because the bank never had say to their former lawyer you know i think you i think you made a mistake here and i'm going to have to hire another more year to fix it i really don't want to file a lawsuit on trying to fix it and it's not in your interest either because if i'm able moving into an area that we don't hear from but how do we differentiate the there are many this is of the damage is probably the the tail might directly what you're saying we don't know i mean that's where you're before us there's a different there's a dispute but there needs to be some kind of rule it seems to me that would make it clear because here we don't know if there would be a tolling or not but we also know who was charged with the allegation of doing the best you very well could for a client and i think the mitigation activity a toe the outcome is was out as  why would you why or why should that be mean to me that's just a wee bit more definitely know someone receives a bill and there are aware of what such a bad situation with a lawyer  is it doesn't make sense why would it make sense to wait even though the case law says that we still need the this is an issue first impression apparently why should we wait for an adverse result the settlement or dismiss there is a date there's a just in a different date a later date and what they're saying is if they get filed on your did they would have undermine ongoing litigation which is why some cases they have results the other dismissal because why should they be put in a position where they could be saying x yand minus x if they don't day notice did not meet if there was one of her exact and so filing a malpractise loss on the basis that the ninety day notice was not given would not be inconsistent positions reconciled so let's say she was totally successful and you're saying they still would have a claim yes i would be wrong because of the cause of the attorney fees so the responsibility to closely monitor those bills and understand and appreciate what the trees be doing but it's the attorney's responsibility as well to communicate to the client the importance of what they're doing in terms of those activities and what it i would emphasize that the case law under section twenty four the mechanics lean that discusses the fact that these requirements are absolute and as your are pointed out construction systems lien it would have been paid for three point one it was all not one point not necessarily and here's what there were a number of other means claimants who were listed on but with that was attached to order that unless the order made a finding that all of the being planes were found to have priority over the bank the bank was not going to be able to get money out of the work in the south of the flaw in that theory is that there is no testable from anyone at the bank that they would have paid construction systems and he more than one point eight to five million dollars if earlier mentioned i don't think there's anything plainly obvious in connection with the prosecution of cases within the mechanic's lien cases or saved cases and that's a i don't think that the rule should be that the images occur simply by reason of it furnished billing that rather whether their damages in a situation like this should there was uncertainty as to whether any damages existed because she may be able to win the whole case and we cover one hundred percent of the mechanic's lien amount so that whether whether there were  there was malpractise there was a mistake by former counsel as long as the chinese trying to fix the statute is running well i certainly would balance a death row but i would like to that i am unaware back then of anybody who knew or reasonably suspected that fake o'hara fein walk from was guilty of professional negligence what they knew was the could be many reasons why i did notice was given other than professional negligence and i've seen expert witnesses where's explain that kind of situation to me many times