Roswell, GA asked in Appeals / Appellate Law for Georgia

Q: HOW CAN I FIND AN ATTORNEY WHO WILL BE WILLING TO ASSIST ME IN SUING MY ATTORNEY?

I HAVE FILED A COMPLAINT WITH THE GEORGIA BAR ASSOCIATION. MY ATTORNEY STATED HIS COMPUTER HAD CRASHED THEREBY HE LOST ALL RECORDS, THE CASE WAS DISMISSED.

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1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: On these facts alone, I cannot see the bar complaint coming to anything. Lawyers cannot control bad technology. However, better lawyers will likely have in place backup systems to guard against information loss in the event of technology failure. While the Bar may not provide redress in this situation, a malpractice suit may lie for the attorney's failure to maintain adequate protections for your information. Bear in mind though, malpractice lawsuits are difficult to win except in the most obvious situations. To prevail against an attorney for malpractice, you must first be able to prove that "but for the alleged malpractice," you would have (not might have) won your original case for which you hired the lawyer. You may look for a malpractice lawyer here on this website using the Find a Lawyer resource.

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