Legal Question in Legal Malpractice in Ohio

Attorney Bungled Case

My wife & I sold our house in 3/01. In 9/01 we were sued ny the buyer when she found termite damage. She claimed we lied on the property disclosure statement and sued us for fraud, $20,000 and or resicission of the contract. In 3/03 they had an estimate for damage for $9400. At no time did our attorney suggest we have a structural engineer inspect the house. We offered to settle for the $9400 but they wanted rescission of the contract. On the advice of our attorney, we settled the case in 10/03 by taking the house back. We had a structural engineer inspect the house in 11/03-his report stated there was very little structural damage and we fixed the damage for $100. We spent 2 years in litigation, took back the house, & racked up over $20,000 in legal expenses because our attorney never had the house inspected for damage, even though we requested to have that done. We still owe him $17,000. What recourse, if any, do we have against him?


Asked on 2/15/04, 5:08 pm

1 Answer from Attorneys
Paul Nidich Paul A. Nidich, Attorney-at-Law

Re: Attorney Bungled Case

Your story is one with a bad result, certainly. I am sorry it turned out that way. However, the fact that you still owe your attorney $17,000 raises a red flag. Was he billing you during the litigtion? When you asked him about a structural engineer, did you have any discussion about cost? I would suggest making an appointment with an attorney in your area to discuss this further, but I am not convinced there isn't much more to the story.

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Answered on 2/16/04, 8:07 am


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