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After paying an attorney thousands for a case,he caused me to loose my case by not filing papers on time.I had to pay another attorney thousands to look into my case and try to save them.Should the first attorney refund what I paid him,plus what I paid the second attorney that had to correct his errors?

Submitted: 329 days and 8 hours ago.

Category: Legal

Value: $15

Status: AWAITING CUSTOMER ACTION

Posted by INFOLAWYER 329 days and 8 hours ago.

Answer

At the very least he should repay the money you paid him. If refuses, charge the new attorney to sue the old attorney for malpractice.

329 days and 8 hours ago.

Reply

I got an attorney to go after the first attorney and he only asked the first attorney for a portion of what I paid him.

Posted by INFOLAWYER 329 days and 8 hours ago.

Answer

Depending on the error made and the new attorney being able to remedy it, asking for the entire feel back may be excessive.

328 days and 15 hours ago.

Reply

The attorney that went after the first attorney did not investigate to see what errors the first attorney made and whether or not the new attorney was able to remedy it in order to determine what portion of the fees that should be refunded to me.

Posted by INFOLAWYER 328 days and 15 hours ago.

Answer

You would need to take that up with the new attorney and seek if he can revise and seek more from the former attorney. obviously you are free to retain yet another attorney to handle it per your directions.

328 days and 15 hours ago.

Reply

Yes, that is what I did, I sought another attorney and he is the one who did not investigate to see what portion of the refund that I am entitled to before he asked the first attorney to refund me a small portion of his fee.

Posted by INFOLAWYER 328 days and 15 hours ago.

Answer

I suggested using yet a 3rd attorney or if possible admonishing the 2nd attorney to reevaluate the 1st attorney's errors and seek appropriate remedy.

328 days and 15 hours ago.

Reply

It is the third attorney that I am having the problem with.He did not investigate and called his friend, the first attorney and told him that he will settle for a very small portion of his fees.

Accepted Answer

The attorney cant settle without your authority. If the attorney did so, you can sue the attorney for malpractice and bring a discplinary complaint against him. I am sorry to hear you are having a bad run with attorneys so far.

Expert:	INFOLAWYER
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Answered:	12/14/2008

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328 days and 14 hours ago.

Reply

Thank you.
Since he was a lawyer and settled, I felt compelled to go along with what he already did by signing a discontinue and end order.Now I realize that if he investigated, I could have receved more of the thousands that I spent in expenses.He did not even ask for a reinbursement for my court fees and interest.

Posted by INFOLAWYER 328 days and 14 hours ago.

Answer

Given what has transpired and your consent, you are probably best moving on.

328 days and 14 hours ago.

Reply

But should'nt he have asked for my court cost and interest?

Posted by INFOLAWYER 328 days and 14 hours ago.

Answer

I cant second guess the other attorney. Keep in mind that when a case settles as he has done, both sides are usually not 100% happy or get all they want which is what makes a settlement happen.

328 days and 14 hours ago.

Reply

Legally speaking,should the 3rd attorney have investigated the facts first?

Posted by INFOLAWYER 328 days and 14 hours ago.

Answer

Yes, no settlement should be reached without full understanding of the available facts

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Have your own Legal question?

Question

Answer

At the very least he should repay the money you paid him. If refuses, charge the new attorney to sue the old attorney for malpractice.

Reply

I got an attorney to go after the first attorney and he only asked the first attorney for a portion of what I paid him.

Answer

Depending on the error made and the new attorney being able to remedy it, asking for the entire feel back may be excessive.

Reply

The attorney that went after the first attorney did not investigate to see what errors the first attorney made and whether or not the new attorney was able to remedy it in order to determine what portion of the fees that should be refunded to me.

Answer

You would need to take that up with the new attorney and seek if he can revise and seek more from the former attorney. obviously you are free to retain yet another attorney to handle it per your directions.

Reply

Yes, that is what I did, I sought another attorney and he is the one who did not investigate to see what portion of the refund that I am entitled to before he asked the first attorney to refund me a small portion of his fee.

Answer

I suggested using yet a 3rd attorney or if possible admonishing the 2nd attorney to reevaluate the 1st attorney's errors and seek appropriate remedy.

Reply

It is the third attorney that I am having the problem with.He did not investigate and called his friend, the first attorney and told him that he will settle for a very small portion of his fees.

Accepted Answer

The attorney cant settle without your authority. If the attorney did so, you can sue the attorney for malpractice and bring a discplinary complaint against him. I am sorry to hear you are having a bad run with attorneys so far.

Reply

Answer

Given what has transpired and your consent, you are probably best moving on.

Reply

But should'nt he have asked for my court cost and interest?

Answer

I cant second guess the other attorney. Keep in mind that when a case settles as he has done, both sides are usually not 100% happy or get all they want which is what makes a settlement happen.

Reply

Legally speaking,should the 3rd attorney have investigated the facts first?

Answer

Yes, no settlement should be reached without full understanding of the available facts

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