what type of lawyer do i need to sue a bankruptcy lawyer?

by Prof. Ellis Little 7 min read

Ideally, an attorney experienced in real estate law and litigation. The most important thing is to find an aggressive trial attorney with a lot of litigation experience who isn't afraid to go to trial if the case won't settle. Ask about the number of jury trials he/she has done and the results.

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What kind of lawyer do I need to file bankruptcy?

 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

What do you need to sue a lawyer?

 · 4 attorney answers. To sue any lawyer for professional negligence, you first have to sit down with an attorney to review the case and determine what the attorney did wrong and what the difference would have been if it had been done right. You are going to need that testimony to establish that you have actual damages that are related to the ...

What kind of lawyer do I need for a civil lawsuit?

 · In Virginia, you only have a $5,000 homestead exemption. Normally, you can use this amount to protect a tax refund, cash in the bank, etc. If your assets exceeded $5,000, it may not have been possible to protect them all. For instance, if you had $2,800 cash in your checking account then it might not be possible to protect more than $2,200 of ...

What are my bankruptcy attorney’s responsibilities?

 · To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with …

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 · You'll need the help of a lawyer who is an expert on your specific case to ensure that you have a higher chance of winning the case or getting the most beneficial deal from a …

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Stephen Clark Harkess

Ha ha. So you want to sue your bankruptcy lawyer for municipal tax liens. Aside from the fact that the applicable limitations period has long expired and that likely much of this is probably post bankruptcy filing debt, there’s the small problem that municipal taxes are not discharged in bankruptcy as Mr. Rubin correctly states...

Christopher C. Carr

I agree with the prior answer. And you being a homeowner must know what those liens are for. Did you not pay for sewer, water, garbage, electricity, or other type of service in which your State or Local allows a lien to be placed for failing to pay? And any debt incurred AFTER the date you filed bankruptcy is not a dischargeable type debt.

Richard D. Granvold

Sue him? Let's take a step back and look at this. Municipal liens on real estate are not cancelled by chapter 13's. Only certain liens can be avoided and this does not seem like it is one of them.

David C Jones

In Virginia, you only have a $5,000 homestead exemption. Normally, you can use this amount to protect a tax refund, cash in the bank, etc. If your assets exceeded $5,000, it may not have been possible to protect them all.

Warren Vincent Norred

The sad reality is that these rules change regularly. What he told you initially may have changed along the way. The bankruptcy trustees really do amend the rules, often without much input from the attorney bar. I'd talk to another bankruptcy attorney or trustee and get all the facts on the issue first.

James Portman Webster

This is not going to be a clear cut malpractice claim for you. Why? This is a he said she said situation. Your statement will be that he promised refunds - not in writing...

Walter C Oney Jr

Before suing or contacting a malpractice attorney, I suggest you file a formal complaint with the Virginia State Bar at www.vsb.org/site/regulation/inquiry.

Dorothy G Bunce

You should contact an attorney in your community that handles legal malpractice about this matter. There are too many unanswered questions to say whether or not you have a good case against this attorney. Hope this perspective helps!

John Gerth Merna

You may have a case but I would need a little more details. Please e-mail me below to determine if it is possble. Look foreward to hearing from you...

What do you need to show when suing an attorney for malpractice?

When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What is breach of duty in a lawyer?

Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

What is malpractice in law?

Instead, malpractice is about an attorney's making mistakes that other attorneys would not have made.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is the foundation of a civil lawsuit?

The foundation of every civil lawsuit starts with an injury or a loss. Defining the nature of the injury or loss sets the lawsuit’s course. Find out how to identify your injury or loss and look at the broader context of a lawsuit.

When a marriage ends, is it important to take the necessary legal steps to formally terminate the relationship?

When a marriage ends, it's important to take the necessary legal steps to formally terminate the relationship.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

Can a real estate lawyer negotiate eviction?

Real estate lawyers may also negotiate in a dispute between landlord and tenants during an eviction case. For more significant projects that may involve the public or commercial builders and developers of high-rise establishments, the legal matters may be consulted with real estate attorneys specializing in land use and development.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

Why do people go to bankruptcy lawyers?

Some of the most common reasons a person seeks out a bankruptcy lawyer are for medical debt, mortgage foreclosure, and credit card debt. No matter what kind of legal issue you’re facing, there are lawyers who can handle your case, and finding the right one is essential to your peace of mind.

What crimes do criminal lawyers handle?

Some of the most common crimes requiring criminal lawyers include homicide, sexual battery and assault. Criminal law software helps criminal attorneys manage their businesses.

What to do if you owe taxes?

If you owe taxes or if you’re being sued by the Internal Revenue Service or a state or local tax agency, a tax lawyer will help you resolve the issues. Future tax planning, tax fraud, tax evasion, and failure to file tax returns are all issues that an experienced tax attorney can tackle.

What is IP attorney?

Intellectual property attorneys (“IP attorneys”) help companies, artists, and inventors with legal issues concerning copyrights, trademarks, patents, trade secrets and the like. IP attorneys spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law.

What does an immigration lawyer do?

Immigration lawyers help immigrants, and employers seeking to hire them, with legal issues related to the status of immigrants and their families. Immigration lawyers help with visas, green cards, citizenship, and asylum and refugee status. Immigration laws change constantly, so it’s important to consult an experienced attorney in these situations.

What is a workers compensation lawyer?

Workers’ compensation lawyers specialize in helping workers navigate the unique laws that apply to people who have been injured on the job. A workers’ compensation lawyer typically has a large number of cases to manage, each with its own deadlines, so look for a firm using a modern cloud-based law firm management system. The Department of Labor administers four major disability compensation programs.

What are the types of employment law cases?

Some of the most common types of cases handled by employment lawyers are contracts, wrongful termination, workplace harassment, retaliation, and workplace discrimination.

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

What is the responsibility of a bankruptcy attorney?

For these reasons, one of the responsibilities of your bankruptcy attorney is to know the local rules and filing procedures.

What information do you provide to your attorney?

You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information . Your lawyer will use it to prepare the official forms and then go over the completed paperwork with you to ensure accuracy.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Can an attorney respond to emails?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

What type of hearings can an attorney represent you at?

Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings. Chapter 7 reaffirmation hearings, and. any other motion or objection hearings filed by you, your creditors, or the trustee.

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.

How to file an injury claim against the government?

Your best first step, if you think a government agency might be responsible for your accident injuries, is to contact the clerk's office for that agency and ask about the process and requirements for filing an injury claim. You can also start by doing an online search using a phrase like "claim against [name of state/city/county] government."

How long do you have to file a claim after an accident?

Cities, counties, and other governments are free to set the rules under which they can be held liable for causing injuries or property damage. As a result of that freedom, most municipalities have put strict procedures in place for a claimant to follow before he or she can get compensation for an injury. You usually need to file a claim within a short amount of time after your accident or injury—30 to 180 days in most cases.

Can you sue a government employee for an accident?

From a procedural standpoint, the kind of case you're talking about is not a " lawsuit "—at least, it won't start out as one. You cannot usually just file a lawsuit against a government agency or government employee after an accident, the way you would a private citizen or business.

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