Legal Question in Real Estate Law in Michigan

Do I have recourse against a bad lawyer?

I was using a lawyer for a real estate case, in which there was a breach of the purchase contract and a breach of the contract with the mortgage lender. He did not correctly file paperwork with the court at the time. When the case was dismissed, he had told me it was dismissed with prejudice and that the case would need to be filed in appeals court. I did not have the money to file in appeals court. Also, through the course of the litigation, I was getting behind on the mortgage payments (as I was paying that mortgage and rent to live somewhere else because the house I purchased was not safe to be lived in), so the lawyer worked with me to try to do a deed in lieu, which did not work. The house was forclosed upon.

I was visiting another lawyer yesterday because the federal government is after me for the money (it was a rural development loan) and the attorney told me that the case had been dismissed without prejudice and could have been re-filed in the circuit court, NOT in appeals court. However, he also told me that since I no longer own the house, I cannot file the case again.

My question is: Do I have any recourse against the first attorney who obviously gave me POOR advice?

Thank you for your help.


Asked on 10/04/08, 10:04 am

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Do I have recourse against a bad lawyer?

I don't know if there are that many malpractice attorneys on here, but you need to speak with an attorney that deals with legal malpractice cases on a regular basis to figure out if you have a case.

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Answered on 10/04/08, 11:37 am


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