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Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6391
Experience:  20 years of professional experience
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Can I sue my last bankruptcy lawyer for false or just bad

Customer Question

Can I sue my last bankruptcy lawyer for false or just bad representation in a situation involving a TERI loan dispute. I filed a chapter 7, and was lead to believe the loan was discharged, four years later I get sued by the loan company that picked up the debt, I fought it in court but lost and now have a judgement against me. My current lawyer stated I should have filed chapter 13 instead of 7, and I have now been reading there are ways of getting teri loans discharged so long as the attorney representing files the proper motions. all of which my first lawyer did not. I feel cheated, he took my money and did not advise me on the proper courses of action at all. So basically can I sue him for this.
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Maverick replied 10 months ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 10 months ago.

Yes, you may have a claim if you can prove the following elements:

The Wisconsin Supreme Court has succinctly delineated what must be shown in a malpractice action:

In an action against an attorney for negligence or violation of duty, the client has the burden of proving the existence of the relation of attorney and client, the acts constituting the alleged negligence, that the negligence was the proximate cause of the injury, and the fact and extent of the injury alleged. The last element mentioned often involves the burden of showing that, but for the negligence of the attorney, the client would have been successful in the prosecution or defense of an action.

See Lewandowski v. Continental Casualty Co., 88 Wis. 2d 271, 277, 276 N.W.2d 284, 287 (1979) (quoting 7 AM. JUR. 2D Attorneys at Law § 188, at 156 (1963))

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