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Q: Now I am told that I have no case because the judge ordered him to refund our money. Cant I still sue him for negligence.
A: Yes, you can sue the attorney for malpractice. I suspect you were told you have no case because you there may be an issue regarding your damages. Ordinarily, if you win a malpractice case, then the attorney would need to pay you for all of your damages. The damages could be comprised of many things, one of which is the fee. In this case, there is no reason to sue for the fee because the attorney was already ordered to pay you the fee. So the question is, were you damaged in some other way? For example, are you now not permitted to file for BK again because of the mistakes? If not, then you should be compensated for that. Or if a certain debt cannot now be discharged because of the attorney's mistakes, then he should be forced to pay that debt. But if the only damages are just the fee and perhaps a little lost time since you have to refile, then you were likely given good information that there is no point in suing for malpractice. So, the bottom line is that whether or not you should proceed with a malpractice lawsuit depends on the facts in your case, and whether you were harmed beyond just the fee.
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