Hello and thank you for allowing me the opportunity to assist you.
I’m sorry to say that I doubt you have a viable case against your lawyers. First, and most importantly, it is generally required to send that information (at least your name, address and last 4 digits of SS#) to your creditors. Since this inmate had sued you, he was a potential creditor, and thus, it is ordinarily appropriate to send him the information in question.
It may be possible to avoid sending the inmate the information, but it’s certainly something that would need to be approved by the bankruptcy court. Did you explain the situation to your lawyer? Did you tell him that you do not want the inmate to have your personal information? If you did explain the situation to him, then he may have been able to request an exception from the court due to your unique circumstances. To a certain extent, however, it may be a moot point with regard to liability because even if the lawyers negligently ignored your request, it probably wouldn’t amount to legal malpractice since your case hasn’t been damaged as a result of the mistake.
I really wish I had better news for you, but I think you’d be fighting up a steep hill if you were to sue. Of course, you may want to file a complaint with your State’s bar for unprofessional conduct. It’s possible the lawyers will be disciplined.
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Edited by TJG, Esq. on 12/1/2010 at 3:22 PM EST