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Hi, can I sue my lawyer for not following thru on my case of legal malpractice over failure to provide documents in 7 years?

Philadelphia, PA |

Had my case for 7 years, in which I filed legal malpractice where failure to file court order on time cost me my home to be sold at sheriff sale. Now this lawyer who is representing me admits dropping the ball and was willing to make me whole according to what he felt I would have received from the courts,but now he doesn't even answer my calls regarding this verbal agreement that he made with me. I summed it all up in an email n sent it to him with a deadline he is now not answering my calls to his office .

Attorney Answers 4

  1. Unfortunately you do not explain what "dropping the ball" means.
    I understand that you filed a legal malpractice against your first lawyer for doing something or not doing something that lead to the loss of your house. In order to win the malpractice case against the first lawyer your new lawyer would have to show the error the first lawyer made and must demonstrate you would have won that claim. Now you say your new lawyer "dropp[ed] the ball" and I assume you mean the legal malpractice case he filed cannot go forward.
    Just like the first case, in order to be successful in a legal malpractice case against this new lawyer you will need to prove he made errors that prevented you from winning the first case. YOu will need to show that had he done everything right you would have won the malpractice case and also that you would have one the original underlying case.
    Often legal malpractice cases are described in this way: YOu have to prove a case within a case. YOu have to prove the original lawyer would have one the case if the lawyer acted properly.
    It looks like in your case you will need to prove a case within a case within a case.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  2. A case within a case within a case. Interesting. I'd be curious to know how these 2 lawyers in my city are.

  3. Yes you can sue your lawyer. You need to speak with a lawyer who handles legal malpractice.

  4. You need a legal malpractice attorney who can handle the complexity of the issue you presented; using the avvo find a lawyer feature is a good place to start, good luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney

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