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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2707
Experience:  Helping you with your legal questions.
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I am looking for information regarding legal malpractice. I

Customer Question

I am looking for information regarding legal malpractice. I am a small business owner. I bought this place from my dad 2yrs ago. I wanted to expand in the location i was in so I spoke with my landlord and came to an agreement. I put money into the new space as well as labor. One day I came in and the place was flooded. The roof had leaks, but because it is a flat rubber roof the leaks are not consistent. I then hired an attorney because my intent was to install equipment in the new space and I could not do so if the roof was leaking. We came to an agreement with my landlord of paying partial rent until I was leak free. In 2015 my landlord decided to serve me with papers stating that I owed full rent and that I was leak free. Even though I have documentation stating otherwise. My landlord then moved to evict me. My attorney advised me that my landlord no longer wanted me there and that the attorneys agreed that I would be moved out by the 31st of December. I asked my attorney to fight she said if I didn't move things would get bad. So I did I rushed into a new space that was not ready. In the process of moving I picked up my mail, and in it I found a judgement for eviction against me because my attorney did not file an appearance. I then get a lawsuit filed against me because I left the space before the end of my lease. Meanwhile in my new location I had no heat or working bathrooms and so many other issues. My attorney was aware and did nothing I gave my attorney the money to file and the money for my rent to put into escrow so i can get my landlord to comply with lease. And she forgot to file. When I found out I angrily wrote her an email and accidentally attached my landlord. When he realized my attorney did not file he moved to evict me that same day I sent the email. ( I have actual proof and email conversations of everything I just stated). My attorney doesn't respond for days and then when she finally does tells me shes moving on to a bigger firm and can no longer handle my case. I have a new attorney but I fear that they know each other and I might be getting taken advantage of again. What should I do this is my business?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 12 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 12 months ago.

What information are you looking to obtain? How to file a suit? By the way, did you have a written retainer agreement?

Customer: replied 12 months ago.
I had a written retainer agreement, the information I need is do I have a case here and should I be looking for a malpractice attorney.
Expert:  Damien Bosco replied 12 months ago.

It sounds like you have a possible case. Lawyers have a duty to their clients to act in a reasonable manner. A lawyer can be found negligent if he or she fails to live up to that duty either through action or through inaction. This includes cases where the attorney: fails to communicate, misses deadlines gives bad advice, negligently drafts or negotiates agreements, and other related reasons. From you say, for example, that the attorney "forgot to file" would be a fact that could lead to a malpractice claims among other facts.

Expert:  Damien Bosco replied 11 months ago.

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.