I need help trying to find a lawyer that will file a suit against my bankruptcy lawyer.He never did his job properly and now ive still got old bills hanging over my head.Their is no one in this area that will touch it.I live in Indiana.Please help if you can.
2006-09-14 00:35:38 · 15 answers · asked by porkchophaynes0206 3 in Society & Culture ➔ Community Service
Awww, how I love people who sue at a drop of the hat when anything goes wrong in their lives...
Bankruptcy law specifies which debts are eliminated and which are not... Sometimes creditors will ignore the filing and continue to try to collect from you. Other times creditors who were not aware of your filing may just now be trying to collect from you...
What you need to do instead of trying to turn your lawyer against you is to show him the bills that are 'hanging over your head' and ask him to explain to you what to do about them... You paid him to represent you so you CAN ask him to look into this for you...
2006-09-14 00:48:04 · answer #1 · answered by Andy FF1,2,CrTr,4,5,6,7,8,9,10 5 · 0⤊ 1⤋
You can find the best solution for you at: SAVEFINDER.NET-
RE How do I sue a Lawyer?
I need help trying to find a lawyer that will file a suit against my bankruptcy lawyer.He never did his job properly and now ive still got old bills hanging over my head.Their is no one in this area that will touch it.I live in Indiana.Please help if you can.
2014-10-09 06:36:09 · answer #2 · answered by ? 1 · 0⤊ 0⤋
Wow, that's a tough one. Well you would need some money a lot of money, do some D.I.Y. law research. Do you know how much school and knowledge this lawyer you want to sue has went through? I mean he mean this may be a Harvard/ Yale graduate. Some may advice you that this may not be in your best interest. Even lawyers may advise you that it is not possible to sue there colleague. I mean you may just have to deal, maybe he did the best he could to get rid of some bills but not all. I mean I wouldn't say sue on your own cause chances are you will lose, and most times, the law will not be on your side, especially if this is a well known lawyer and people show favor towards him. Don't let people intimidate you though, just do your own research about ways and the outcome of someone suing there counsel.
2006-09-14 08:15:00 · answer #3 · answered by princessmommy05 2 · 0⤊ 0⤋
You can bring a tort lawsuit against a lawyer in civil court for damages on the basis of ineffective assistance of counsel. Basically, you're saying you hired this lawyer to take care of your bankruptcy for you, he didn't, and as a result you have suffered damages (the old bills you still have hanging over your head). First, you should file a formal complaint with the Indiana State Bar Association. Next, write this lawyer a letter complaining about his less than satisfactory service and demanding a refund of all legal fees. Finally, check your local Yellow Pages and see if you can find a lawyer that gives free initial consultations. He or she will meet with you and tell you how strong your case is. Be prepared for the lawyer to tell you that your case won't stand up in court -- ineffective assistance of counsel is hard to prove. Your best bet is to go in and say you employed the services of this lawyer in good faith with the expectation that he was going to take care of this for you and that he was going to keep you informed if there were any problems or debts that would not be covered by the bankruptcy filing, and he failed to do so. Good luck!
2006-09-14 07:50:07 · answer #4 · answered by sarge927 7 · 0⤊ 0⤋
The new bankrupcy laws make it virtually impossible to completely get out from under the debt you foolishly created. If you feel that your attorney mishandled your case you can make a bar complaint to the lawyers bar for your state. They will review the case and make a binding decision. But you are right, no attorney in the same location/state will touch a suit against one of their own. He would be black balled by every other attorney in the state. If you are going to file a complaint with the bar association you had better have all of your ducks in a row. Have documentation. Request a copy of your file from the attorney who handled your bankruptcy case. Review it. Then formulate your complaint to the Bar.
2006-09-14 07:48:18 · answer #5 · answered by diane_b_33594 4 · 0⤊ 0⤋
You need a legal malpractice attorney.
If you do not stand to recover a lot of money, most attorneys will not touch it. Plus there is the "good old boy system"
First report him to the State Bar. Ask the State Bar what you can do to help yourself.
There must be a legal aid society or Pro Bono group in your state who is willing to expose incompetent attorneys.
This attorney should not be allowed to continue practicing if he cannot do a proper job.
Bankruptcy laws have recently changed and he may have done all that he can do under the new law. This needs to be gone over by a competent attorney.
Good Luck to you.
2006-09-14 07:51:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It is possible to sue a lawyer for malpractice.
Lawyers do tend to stick together if they live in the same county. You may want to find a lawyer from another area.
I was recently involved in a custody fight where the ex's lawyer and a judge both screwed up badly. They should both have been fined and censured. I would have loved to see this happen.
The judge is hated in that area and not many people respect the ex's lawyer.
My lawyer did not want to push the matter because he has to spend the rest of his career working with them, but the ex's lawyer caved in immediately and the judge was extremely courteous toward me, which was not typical of him at all.
Just remember; It is 99.9% of lawyers that give the rest a bad reputation.
2006-09-14 07:49:01 · answer #7 · answered by GreenHornet 5 · 0⤊ 0⤋
There is an unsaid and untold bond within a professional strata, you should try preparing the case from out of town first, make sure that there is utmost secrecy -the chances of success are more if you catch them by surprise.
File the case in person, have the court appoint an attorney. Chances are that they will give you a newbie or loser, have him/her liaise with the petition preparing lawyer so that you can get want you want.
You will have to be prepared to pay the out of town lawyer for this though.
2006-09-14 07:48:15 · answer #8 · answered by Iconic 4 · 0⤊ 0⤋
Kudos to you for at least trying to sue your lawyer. Unfortunately the (legal) "system" takes care of it's own. If it's not too much ($5,000.00 and under in California), I would take him to small claims count. The State Bar is useless & doesn't recommend other lawyers. Presently, I am sueing my three former divorce lawyers. The Lawyer's (bad) reputation is well deserved.
2006-09-14 07:47:26 · answer #9 · answered by Earl W 1 · 0⤊ 0⤋
good luck...it's like trying to get a cop to arrest another cop.
after the case was closed you retained that lawyer for a reason. send all the bills back with your lawyer as the contact person and the phone calls his/her way with a reminder that you had filed against them (bills)
2006-09-14 07:51:59 · answer #10 · answered by clarence m 1 · 0⤊ 0⤋