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Can I get my attorney for misrepresentation? Is there a statue of limitations to file against him?

Cable, OH |

I went and seen a attorney to file bankruptcy gave him $600 up front. My house was going to be foreclosed on and he was suppose to file papers to stop it, he never did. My home was bought back by the bank at the sheriff action. Then a sheriff ended up serving me papers and gave me 10 days to vacate the premises. I called my attorney and he never called me back. Mind you every time I would call to speak to him his secretary would take messages and I would never hear anything back. I vividly remember when it was time for the sheriff sale I called and asked if they would let me know what happens the day of the sale she (his secretary) said that's was when he would file the papers an stop the sale. I told her I was panicking she said "we'll let you know when its time to panic and it's not now

Attorney Answers 2


  1. Legal malpractice must be filed within one-year per Ohio law. Consult with an experienced civil attorney who handles malpractice claims to determine if such a suit is warranted. Malpractice suits can be difficult and expensive to litigation.

    If you believe your attorney committed a fraud against you, you also have an option of filing a bar complaint with the county bar association and/or Ohio Supreme Court.


  2. Unless you can demonstrate that you would have prevailed in the foreclosure action, your damages would be limited to the attorney fee you paid that was unearned. If you paid for services that were not rendered, you should file a grievance against the attorney with the Bar Association, which will investigate the claim and advise whether compensation (refund) is appropriate.