Legal Question in Legal Malpractice in Virginia

Legal Malpractice??

We hired an attorney to assist us with a bankrupcy case back in May. Our adjustable mortgage went through the roof, our pay dropped and other bills started to pile up. He advised us to pay his initial fee, then a 2nd fee in Aug and a third fee at our signing in Sept. In august we made our 2nd payment but in Sept we were advised by his paralegal to hold off on the signing since we were still not in foreclosure. In Nov we were concerned about the foreclosure status and made over 10 calls to reach the attorney to see if we could come in to file the bankrupcy; no calls were returned until 2 days after foreclosure. They scheduled us to come in today, then they told us they would no longer take the case, refunded our $ and basically had no excuse for causing this trouble for us. We don't know if we can still file for the bankrupcy, our home has foreclosed, and creditors are calling non-stop; additionally, both of us have lost our jobs!!! Can we still file bankrupcy?? Can we claim any damages from this attorney for malpractice???


Asked on 12/15/07, 11:12 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Legal Malpractice??

Yes, you can still file for bankruptcy, but it will not stop or undo the foreclosure. However, any deficiency will be dischargeable, and it sounds like you would not have been able to keep the house in any event. As for damages against the attorney, from what you say you may not have any actual damages, since you still have the right to file bankruptcy.

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Answered on 12/16/07, 1:29 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal Malpractice??

You may wish to consider filing a complaint against this attorney with the Virginia State Bar. (See www.vsb.org)

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Answered on 12/16/07, 10:27 pm


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