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Claim amount on legal malpractice

San Ramon, CA |

I borrowed $400,000 from my parents to make an investment.
The investment company committed fraud and the investment went under, all the money was gone.

I hired a large law firm to file a claim for the $400K , which they did . After a few years the case was dismissed, lack of evendince which the law firm failed to do discovery of key evidence, then judge said it was toolate and was not admissable.

My parents asked me to pay them back only $100K, which I have done.

I talked to an attorney referred to me, but he says my claim against the law firm is for only $100K , not the full $400K, saying that it is the amount of my actual damges. is this right..doesn't seem right to me?

thank you-

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Attorney answers 1


Damage math can be tricky. You are out of pocket only $100,000.00 but your claim was really for $400,000.00. So, perhaps the damage amount of $400,000.00 could be contested, if your parents forgave you the balance or otherwise released you from the debt. However, I think that the claim is legitimately for the full amount because this is what you lost, even though you had borrowed it in the first place.

The bigger problem is proving attorney malpractice. You have to prove that you would have won the underlying case and that the attorney did something wrong to cause you to lose it. That’s a pretty tough burden to meet in any circumstances.

Best of luck to you.

This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.

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