Legal Question in Legal Malpractice in New York
Legal malpractice
4 years ago i hired bankruptcy atterny to draft a settelment with a company under chapter 11. The last payment of $250,000 was scheduled after 4 years (March 30, 2009) now i am finding out that the settelment was poorly drafted and the agreement cannot receive court judgment. is the lawyer can be sued for malpractice or the statue of limitation run out after 3 years despite that the error was uncovered only after 4 years?
2 Answers from Attorneys
Re: Legal malpractice
Under the circumstances you describe, the statute of limitations has run.
Re: Legal malpractice
I am not so certain that the statute of limitations has run. It all depends on the agreement, and when you learned that the malpractice occurred. Also, when did the lawyer cease to represent you?
You still may have a lawsuit against the company and I can't imagine a scenerio where you could not continue your claim against the company.
If you would like further information, please feel free to contact me.