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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116233
Experience:  Attorney experienced in commercial litigation.
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, I just got a 6000.00 bill from the lawyer/ debt

Customer Question

for john, I just got a 6000.00 bill from the lawyer/ debt settlement company who I told you about with the adhesion contract and with it came a form for arbitration that they are suppose to send as protocol. I want to sue her for malprectice before she files a suit against me I wanted your take on the situation? hoping you can refresh your memory with our past q and a's as I have been trying to ask you more questions for weeks and you have been unavailable

Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If she did not represent you in the case, you cannot sue for malpractice because she did not have a legal duty to you if she was representing the settlement company. So, if the lawyer sent you an adhesion contract, your suit is for breach of contract against her client and you can object to the legal fees as part of that suit against the company, but in order for there to be malpractice, she had to owe a duty to you as a client and she had to act below the reasonable standard of care in the industry and cause you harm. However, if she was not representing you, that duty would not exist and you have to go after the collection company for breach of contract.

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