Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
This case has unique facts because they raised their claim in bankruptcy court and argued it there and then tried to sue.As you state this is not the case with your situation and there would not be a res judicata issue.
Here are the elements of such a suit..
“To recover on a claim of legal malpractice based o
n negligence, a plaintiff must prove
three essential elements: (1) the employment of the
defendant attorney; (2) the defendant
attorney’s neglect of a reasonable duty; and (3) th
e negligence resulted in and was the proximate
cause of loss to the plaintiff.”
Rancho del Villacito Condos., Inc. v. Weisfeld
, 121 N.M. 52, 55-
56, 908 P.2d 745, 748-49 (1995);
Bassett v. Sheehan, Sheehan & Stelzner, P.A.
NMCA-72, ¶ 7, 144 N.M. 178, 184 P.3d 1072;
Akutagawa v. Laflin, Pick & Heer, P.A.
NMCA-132, ¶ 11, 138 N.M. 774, 126 P.3d 1138;
Glenborough Corp. v. Sherman & Howard
121 N.M. 253, 256, 910 P.2d 329, 332 (Ct. App. 1995
You have four years to bring such a suit here in NM..
Legal Malpractice, 4 years
N.M. Stat. § 37-1-4
Lawyer referral for you here..
I hope you will pursue recovery here for all your wrongs.You may have totally different facts and situation here.