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Hello! In 2009 my family and I were involved in a fraudulent

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Hello! In 2009 my family and I were involved in a fraudulent sale of a business in ARIZONA. We hired an attorney we've worked with and also retained a certified forensics firm for the accounting to prove it was fraudulent. The firm was able to prove the paperwork was fraud and was willing to testify in court representing the paperwork, not us which we thought was great. The attorney was pressuring the defendant to appear in depositions and court with no success. Finally when the judge threatened to send a sheriff to force the defendant into a deposition the defendant protected himself with a BK. Our attorney suggested that with Fraud we can have our case removed from the BK and referred us to an attorney in his office that handles BKs to have us removed. The BK attorney missed our court date deadline to submit documentation, When we finally were able to reach him to bring this to his attention he attempted to go to the BK meeting to have us at least included in that and the defendants attorney prove that she attempted to reach our BK attorney with no success and also that our case should be thrown out of the BK. The judge granted this. The BK attorney said sorry i messed up and suggested we reach his insurance company... His insurance company will not pay without us proving our case. We have provided documentation to them but they keep responding with prove our attorneys mal practice... Can anyone help!!!!
Submitted: 1 year ago.
Category: Legal
Expert:  NA replied 1 year ago.
Thank you for your question.

First, please be aware that depending on the dates of your case, when the bankruptcy attorney originally missed the date, and when you discovered this, your claim for malpractice may be getting close to the statute of limitation for filing. I would urge you to contact a local attorney who specializes in legal malpractice immediately to ensure that you don't run into another filing date issue. You can contact your state bar or local country bar association to get a referral for a legal malpractice attorney. Many will take a good case on contingency and you will have few if any costs up front.

The insurance company is highly unlikely to do anything until you bring legal counsel into this.

From your description of the case it sounds as if proving the attorney's malpractice may not be as much of a challenge as proving you would have won and then proving that you could have collected damages.

Proving you would have won can be difficult and an attorney who specializes in legal malpractice can give you a better idea as to your odds after looking at the details of the case.

The damages are what you'd be able to recover had the attorney not made the mistake they did and if you'd won.

Had you won, the questions are a) how much would you have won and b) whether you'd have been able to actually collect anything from the defendant.

In other words, did they have sufficient assets that would have been kept out of the BK to have paid your judgment? If not, did they/do they have any future income you could garnish or get assignments for that would have eventually satisfied the judgment?

It's difficult to answer these questions without knowing all of the specifics of your case, but I hope that this overview has been helpful.

Please don't hesitate to let me know if you have additional follow up questions.
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Category: Legal
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