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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Im having trouble with my law firm i had a bankruptcy done

Customer Question

Im having trouble with my law firm i had a bankruptcy done in 2010 and paid collum and carney.... when we met i gave them all my debts including my $300.00 IRS BILL I WAS ASSURED THAT IT WOULD BE WRITTEN OFF ALSO...a year later i got notice from the IRS that i was delinquent so i called the attorney that handled my case ...She looked it up and told me that it was her fault she left it off the list that she would handle it.... and still later i got a letter from the IRS again, I am now at this time on SSD dissability and am lucky to have 20.00 a month left over, So i called and explained to them and was told she had me on a cant pay list...what ever that is for years im still getting bills and i have called my attorneys many times once was told she no longer worked there so they wouldnt help me , i told them my check was made out to the firm not the certian lawyer so they were responsible and it was their fault i was in this im getting duns from collection agentcy's threating court , my house, and what little wages i get and the amount that was 300.00 is now in the thousands please help me either get collom and carney to fix thier mistake i need to get this done before they put me on the street living in my van thank you for your help in advance Charles Stephen Clendenin please excuse the email address i did it years ago thought it was funny and just never changed it...
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn about this situation. It appears to be a legal malpractice issue with your law firm (as you note, this is the law firm's issue regardless as to whether or not the specific attorney that was representing you left them or not).

Legal malpractice cases are based almost entirely on expert testimony. You must not only find an attorney to act as an expert witness regarding the standard of care for your prior lawyer (to prove the "negligence" elements of the case), but also an attorney expert (and potentially other experts) to testify regarding the underlying claim (you must prove that absent the attorney's malpractice you would have achieved a better result - often termed "the case within the case").

Due to the complexity of these claims, I highly recommend that you retain a legal malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

Short of filing a lawsuit, (and perhaps more effective in a situation such as yours) you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.