Q: Almost a year ago, we lost a case in Federal Court because my attorney provided no evidence in support of our case.
We lost the case in federal court, attempting to get the donation of the family home made over, turned based on undue influence and secondarily on lack of subsistence. I provided our attorney with a 5 inch deck binder with copies of text messages, phone bills, bank statements, written statements, pictures, more than enough evidence to support our case. BR elder abuse officer told me that we had more net requirements For proving undue influence, yet the defendant was given a summary judgment due to the fact that our attorney filed nothing in support of our claim . as for the lack of subsistence again we filed no supporting documentation nothing was ever filed by our attorney. We had hard evidence, proving the defendant was lying throughout the case and on the stand, but none of it is offered into evidence. The judge found the defendant to be credible, because we offered nothing to challenge her credibility. What can I do? Is there a way to recover the Home or its value?
A: No. Your remedy now is to sue your former attorney.
2 users found this answer helpful
A: You may may have a legal malpractice case. Have the motion and opposition reviewed by a legal malpractice specialist to review.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
