Legal Question in Civil Rights Law in New York

Attorney malpractice?

I have a situation where a attorney picked up a civil case for me..The incident happened in 2004...He read the judges ruling..Asked me to come in ..Sign some paper work,and the claim was originally set for 5,000,000$..He told me that he sent it in..To the courts and that they received it...I guess he sent it through certified mail?...Anyway, at first he use to take all my phone calls,if not at least return them..Recently i noticed he never was answering my calls or returning them so i had another attorney call him to see what is going on..And he told that attorney that he never picked up my case that he said he was only going to look into it..This is so false! Now ,the time limit to file my claim has expired..I am interested in knowing if perhaps now i could follow through with some type of attorney malpractice ..For not representing me in a professional matter...I think he should of gave me some type of notification? Or asked for consent..


Asked on 1/30/08, 10:38 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Attorney malpractice?

There does appear from your description some liability on the part of your attorney. Remember however that your claim has to be a good one before you can win a legal malpractice case.

In other words, if you cannot prove you would have won the case had he proceeded properly, then you cannot prevail on the Legal Malpractice.

Also remember that the statute of limitations on Legal Malpractice is two years.

Good Luck

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Answered on 1/31/08, 12:04 am


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