Anyone has sued their BK Lawyer???

[Whatalife]

Just wondered if anyone had sued their original BK lawyer for mal-practice and what it entailed??
I am seriuously thinking about it as now I know that I shuld not have been pushed into chpater 7 and because of the errors of this jerk lawyer (and they were many) I have lost everything, and I mean everything as well as being investigated by the US Trustee and now the CID of the IRS.
I know that it is a tight club with these lawyers and none of them would want to sue the other, but I like to spend my last enny to sue my lawyer for what she did to me.
I was thinking that I should first file a complaint with the local Bar and see what happens there first.
Thanks

[HHM]

Let be honest with you...these types of suites, especially against BK attorneys are VERY HARD to win. The reason being, is that ultimately, there is very little a BK lawyer can do to change what happens to a person in BK...and its ultimately the debtor's decision to file BK, not the lawyer's. It is rare that you can ever nail a BK attorney for full blown malpractice. Malpractice usually requires some overt act that the attorney takes that significantly damages the client and had the attorney not done so, the case outcome would probably have been different...and the overt act required is more than simply giving inaccurate or bad advice.

You can try filing a complaint with the State Bar (but they are generally only concerned with ethics violations and fee disputes).

But yes, there are attorneys that specialize in professional misconduct...so that is the type of attorney you would want to consult with (and no, those consultations are typically not free, and these cases are usually NOT taken on contingency, so be prepared to fork out $5000-$25,000).

[Whatalife]

Thanks HHM
But the fact that the lawyer failed to clearly see the total picture of my case prior to filing a 7 messed me up major. The fact that 80% of my debts were non-dischargeable (I found out later), the fact that I asked to withdraw my application 5 days past filing and she saying that it was not possible (even though at that point she had not filed any schedules), the fact that she made major ommissions in my schedules (I found later), the fcat that I had income to be in a 13 rather than 7, the fcat that she failed to respond to inquiries of the US Trustee and making them suspicious of me and on and on...
This case was filed in the last day of the old law and it was "either file this or forget it" approach by the lawyer.
These are just some of the failures of this lawyer, and that is why I am so mad and want justice (of course, as I have walked the courts for the past two years I know there is no such thing as Justice)

[HenriettaHen]

I would want to make the complaint and make it STICK.

Who cares if you won't get any money for it in a lawsuit? Document everything you can think of, prepare a formal complaint and then go to the Bar Assoc with it.

You would have the satisfaction of having taken a pro-active step towards making sure that this doesn't happen to some other desperate unsuspecting soul.

If you got this kind of shitty service from an electrician or a plumber, you'd go over their heads, wouldn't you? Why do doctors and lawyers have the idea that they are above the laws of ethics?

Because we LET them think they are.

Frosts my tailfeathers!

[HHM]

I sympathize with your plight, but lets look at the what your complaining about...

1. Not telling you 80% of your debt was non-dischargeable...(assuming that is true, I am betting the lawyer may have a different opinion about whether he/she told you), this would probably not rise to the level of malpractice, because ultimately, the decision to file is yours. But, this is something that the state bar could probably look at. But again, if you file BK, the outcome is pretty much predetermined.

2. Not being able to withdraw petition even though some schedules had not been file. That is actually TRUE. So long as the bare petition for chapter 7 has been filed, it cannot be voluntarily withdrawn. You would at least need to get consent of the trustee (and they don't usually give that without good reason).

3. Errors on schedules...this one is tricky as the information that goes on the schedules is supplied by you and, assuming you reviewed the petition before it was filed...(if you didn't get a chance to review the petition before it was filed, that would be very problematic.)

4. Usually it is in the best interests of the debtor to file chapter 7 (unless, you were behind on payments of secured assets that you wanted to keep, which I am guessing is probably the case). This one is probably the most troubling...but again, you ultimately sign off on which chapter to file.

5. Not responding to US Trustee...Frankly, it is usually beyond the scope of a BK Lawyer's representation to deal with the US Trustee. Granted, your lawyer should pass on to you whatever request the US trustee made, but as for complying with those requests, 9.9 times out of 10, that will be your responsibility.

You will probably not get a Malpractice Claim to stick if your case is simply "had I known, I would not have filed"

You might get a State Bar ethics violation to stick, most Rules of Professional Conduct contain the following or something similar...(in my State, it is Rule 152(2) )

"A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation."

I am not defending your lawyer, it sounds like your lawyer did a bad job (probably not malpractice, but was a poor lawyer regarding setting your expectations and advising you what might happen). But I am trying to impart some perspective on the situation for you. Also, the flip side is, for all we know, you could be looking for someone to blame for an adverse outcome that could not have been avoided short of you not filing BK.

I think your first course of action is to the State Bar, that won't cost you any money.

[spell]

I don't have a good reference, but do some research into forgiveness.
As odd as it sounds, foregiveness is more about the person wronged moving on than the person doing the wrong-ing.

Just plan a big symbolic end to your problems and move on.
Let's all take suggestions. I suggest a public burning of your bankruptcy petition on the courthouse steps.

You acted at the time with the best info you had. By your income comment you may not have had the option to file Ch7 under the new law.

Move on.

[freshstart06]

Whatalife, please excuse me for being nosey but why are you being investigated by the US Trustee and the CID of the IRS??? I read your previous post but I don't understand why they are involved.

[wrktwoliv]

I received a settlement from my ex-attorney.....

I received a settlement from my ex-attorney in exchange to not start any legal proceedings against him. He screwed my by sticking me in a chapter 13 instead of a 7. But advertised himself an expert in bankruptcy and tax law. Was niether.

If you're attorney really did mess up, they'd know. I sent my ex-attorney after my chapter 7 cased closed (pro-se) a letter asking for the return of all the money I paid him and the trustee paid. Plus all the payments I made in my plan. Which was quite a bit. He complied within 2 days of the receipt of my letter. We settled very close to the amount I originally asked for.

I don't think you're going to find a attorney to sue, very tough and they usually don't go after their own. I have a friend that used to clerk for a bankruptcy judge, in private practice now, even has bad as my case was, no attorney would touch it.

But threaten to take him to court for 'breach of contract' that's your best bet.

[BurgerKingVII]

But yes, there are attorneys that specialize in professional misconduct...so that is the type of attorney you would want to consult with (and no, those consultations are typically not free, and these cases are usually NOT taken on contingency, so be prepared to fork out $5000-$25,000).

Legal malpractice cases tend to be complicated and expensive for at least two reasons:

1) You have to show that you would have obtained a better result in the underlying case if the attorney had not committed the alleged malpractice. So you have a "case within a case" where you essentially have to re-try the original case. (Well, there's no "trial" in a Chapter 7 bankruptcy, but you know what I mean.)

2) Usually, your malpractice attorney will have to hire (and pay for) another attorney to serve as an expert witness. To prevail on a legal malpractice claim, you have to show that your original attorney fell below the standard of a reasonable attorney, and only an attorney is qualified to offer an opinion on that. (There's an exception for blatant screw-ups such as missing the statute of limitations deadline.)