Omaha, NE asked in Legal Malpractice for Iowa

Q: I hired a lawyer to file an appeal for unemployment for me. I was told 1week from when I hired him thathis dictation

Did not go through do to a system update internally that he knew was happening. Now we missed the appeal date and I am stuck not able to legally and rightfully fight my case. The firm is offering me $600 and a oops. But I have now been out of work for 6weeks and am broke. I am certain if appealed I would have received an decision overturn. What are my options. I feel as if the legal team owes me now since I can not fight the decision.

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1 Lawyer Answer
Erik Luthens
Erik Luthens
  • Legal Malpractice Lawyer
  • West Des Moines, IA
  • Licensed in Iowa

A: The issues are: (1) whether you would have been successful on appeal had your attorney timely performed his duties; and if so, (2) the amount of unemployment insurance benefits you reasonably would have received. If you sue your former attorney for legal malpractice, you would need to retain an expert witness to testify as to the standard of care; a breach thereof; and the damages flowing from the breach.

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