Legal Question in Legal Malpractice in Georgia

Negligent Attorney

My friend's father died 3 yrs ago & his will clearly stated to split everything equally between her brother, who is the Executor. He did not leave any specific instructions on any assets. I was her father's financial advisor thru an Investment firm. Instead of selling & splitting proceeds, he ''cherry picked'' what he wanted, mainly the family property (acreage). He hired 2 appraisers who low-balled the value by more than 50%, then sent her a check for cash. She took him to court, but her attorney continuously missed court & opposing attorney's response deadlines. This resulted in her brother pushing the case thru & getting what he wanted. I met with her attorney who admitted to me that he screwed up PLUS she has his admission on an email. She also spoke to the Probate Judge who confirmed the attorney's gross negligence in not responding timely, but couldn't recommend another attorney. What should she do now? Get another attorney to sue the first one? Or, can she make a claim on his Errors & Omissions insurance? If so, how is that done? We've called the Ga. Bar Assoc, who recommended getting another attorney. Why would someone be forced to hire another attorney to go after him when he's admitted guilt? Help!


Asked on 4/16/07, 5:32 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Negligent Attorney

The reason you hire another attorney is the same reason you ask the questions in this forum. Asserting a claim against a lawyer is like any other legal dispute. You don't just send the lawyer or his insurance carrier a bill for whatever you think is correct, and they send a check. The client should retain a legal malpractice attorney to analyze the claim and provide proper advice.

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Answered on 4/16/07, 5:40 pm


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