Virginia | Legal Malpractice
Legal Question
My lawyer entered into a contingency agreement on my PI case whereby the defendant was to pay 75% of the proceeds of the sale of his rental property into a settlement fund. Less than 2 months after the court entered the order, the Defendnat put the house up for auction and then it was sold for less than what he owed on it. Can I sue my lawyer for not protecting my interest?
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Legal Answer
The question cannot be answered based upon the facts presented. Legal malpractice is the failure of the lawyer to act as a reasonably prudent lawyer would under similar circumstances and/or in accordance with the law and ethics. One would need to know why the case settled, for how much and why the agreement to fund a settlement fund was reached (as opposed to just taking the property, for example), was the sale reasonable and forseeable, why didnt the agreement have a minimum sales price or an option of first refusale, and on and on.
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Sickels, Frei & Mims 12120 Sunset Hills Road, Suite 150 (fairfax County) Reston, VA 20190
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