Legal Question in Legal Malpractice in Virginia

Damaged by Lawyer

I had an EEO case of Disability Discrimination filed against my employer. The first lawyer said the case was very good and took it on contigency she took it all through the EEOC process. Then I had to go to another lawyer as she did not practice in the better state to file the case, so I went to another laywer who took the case and said it was good also. He ended up being in Maryland and filing the case in Maryland. I live in Virginia and have now moved to a different county in Virginia. He filed the case one day late and the Court threw it out as un-timely. I paid him to appeal it and the Appeal court laughed at him. The case was for upwards of about 3 million dollars, back pay, lost wages, etc. Can I file a malpractice suit in Virginia federal District Court for the country I live in now (because of diversity and a claim over 75,000) and how long (accoding to Viginia satute of limitations do I have since he breached his contract and fiduciary relationship with me.

Asked on 9/18/05, 6:02 pm

1 Answer from Attorneys

Robert Corish Corish, Hill & Associates, PLLC

Re: Damaged by Lawyer

I need further information as to where the lawyer practiced law and/or where he has his principal law office. If he is a Maryland lawyer with a Maryland office and you are a Virginia resident, you probably can file your claim in federal court, but it may have to be the Maryland district court. The Visginia Statute of limitations for legal malpractice is normally 3 years from the last date of reprsentation, but it may be as long as five years, if you had a written retainer agreement. Again, I would need further info. You may contact me at Corish, Hill & Associates (703)796-6050

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Answered on 9/19/05, 10:55 am

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