Legal Question in Legal Malpractice in New York

Hired an attorney and he neglected the case didn't respond on time...didn't show up in court and also provided wrong legal advice. and ultimately lost a lot of money. I would like seek to sue the attorney, I have all evidence and there is no question of prevailing. However, a judgment is only valuable if I have a grip to collect it. he himself doesn't appear to have any asset but if he has insurance they will have to payout. How can I find out if an attorney has E&O or malpractice insurance?????

Asked on 2/11/16, 9:22 am

1 Answer from Attorneys

Sherri Plotkin Rheingold Giuffra Ruffo & Plotkin LLP

There are two ways you could do this: (1) retain the services of a new attorney who will contact your prior attorney and determine if he has malpractice insurance; or (2) you could send a letter by certified mail, return receipt requested (keep a copy of the letter for yourself) to your prior attorney advising him that you intend to sue him for legal malpractice and say in the letter that the attorney should forward a copy of your letter to his malpractice insurance company and to have his malpractice insurance company contact you directly. Good luck.

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Answered on 2/11/16, 9:30 am

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