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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 36324
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My name is ***** ***** and I have a question please

Customer Question

Hi, my name is ***** ***** and I have a question please regarding a situation wherein an attorney deliberately misinforms his client on a law and the consequences of that, be it financial or an erosion of attorney/client trust.
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes. When my house was for sale, during the process of a divorce, my ex filed a bankruptcy. I asked my attorney if the bankruptcy stayed the sale of the house and he informed me, in writing, that a bankruptcy stay only applies to foreclosures. When I took him to task on this, and provided him with relevant bk code, he eventually recanted. However, we are not in a dispute over legal fees, and my concern is that the primary response is going to be what it actually cost to me. To me, it was much more egregious than that, since it made me question everything else he had told me over the course of four years and what I didn't catch him on, due to my not being an attorney or a legal expert. So, my question is, can I used this to show malpractice and that I am not responsible for all of the ensuing legal fees regarding this particular issue as well as others?
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 30 years and I have handled numerous legal malpractice cases in my career. I say that so you understand that I am nor averse to seeing a lawyer sued for malpractice.

There is an old adage in life that goes: No harm, no foul. This applies to legal malpractice. Now your attorney will argue that he simply provided an incorrect legal answer. Now this may have constituted professional negligence/malpractice. However a malpractice claim is a waste of time if you cannot show that you acted on that advise and were injured financially in doing so.

You knew that the sale of the property was stayed, and there was no loss to you. As a result, a court would not be able to award any money damages to you.

What you are suggesting is more of a penalty for being wrong. And the law will not assert a penalty against a lawyer or doctor accused of professional negligence by ruling that their fees do not have to be paid. You may only collect money from the attorney if you can prove that you actually suffered monetary damages----and in this instance you did not.

So, in direct response to your question, no, I'm sorry, but you cannot use this incidence of "malpractice" to avoid responsibility for the ensuing legal fees which were related to representing you in the divorce.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 1 year ago.

Hi,

Do you have any additional questions?

Doug