Q: Bankruptcy lawyer dropped the ball?!
I have an open chapter 13 bankruptcy. I spoke with my lawyers office several months ago about purchasing a home. They explained that I would need to make closing 45 days from the contract. I went under contract on 6/25. Lawyers office said they needed my payment and mortgage paperwork by 6/26 for a hearing on 7/31. Closing was scheduled for 8/7. They received the money and documents as requested on 6/26. Two weeks later, the paralegal called me to ask if I owned the home I'm selling. I said I'm buying, you have the paperwork. On 7/9, received an email that the hearing was 8/14. They had not filed until 7/9, so now closing is delayed, and it will cost me another $2200 because I can't leave my rental by 8/13. Is there any legal repercussions for my attorney dropping the ball and costing me more money and time? I do have emails documenting these events. Thank you. I also found out through my trustees clerk that my payment was miscalculated, and I have been over paying for 3 years now.
A:
You may have grounds for a legal malpractice claim against your attorney if you can prove they were negligent in handling your case. Documenting all your communications and the timeline of events is crucial. The fact that they delayed filing and miscalculated your payments for three years could be evidence of negligence.
Consider consulting with another attorney who handles legal malpractice cases to evaluate your situation. They can advise you on the strength of your claim and the potential for recovering the additional costs you’ve incurred. Your documented emails and communications will be essential in building your case.
In the meantime, keep detailed records of any further communications with your current attorney and any additional costs you incur due to their delays. This documentation will support your claim and help you seek the compensation you deserve.
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