Legal Question in Legal Malpractice in New York

Can I sue a lawyer

My Father passed away 3 years ago he had a roommate that took and sold his whole estate. I had attorney who stated out really good then did nothing but listen to the attorney for the other side (roommate). It went to court the women said she was married to my father. The judge said to my lawyer prove they aren't married and walked out of the court room. What was he thinking? Anyway my lawyer did get another court date for 1/10/01. the other lawyer wrote a letter to my lawyer and the court no they aren't married.

Sent on 1/09/01. This never went back to court they did tell me to get bonded or I could not be the Admintratix.

So I did. To date this women has committed fraud perjury and

the DA'S Office in Cortland New York said they would take it then decided not to? This women stole my fathers whole estate worth about 200 hundred thousand I am thinking. That is no small change. I guess Cortland New York makes there

own laws, Or the lawyers up there do. The lawyers helped her sell his property and hre name was on one as a jooint tentant. The other one the lawyer just sold ot with out my signature.


Asked on 1/04/04, 3:57 pm

1 Answer from Attorneys

Matthew Schwartz Schwartz & Ponterio, PLLC

Re: Can I sue a lawyer

You may have a claim against the lawyer for legal malpractice. You must be able to show that you would have gotten a better result if the lawyer had not been negligent. The other issue I see is that there is a 3-year statute of limitations which sounds like it may be close to running out (it begins when the lawyer stops representing you). I can't give you advice on when the statute runs out because I would need to know more about what happened. You should speak to an attorney immediately if you would like to pursue this any further. I'd be happy to speak to you about it if you guive me a call.

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Answered on 1/05/04, 2:51 pm


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