Legal Question in Legal Malpractice in Virginia

My lawyer entered into a contingency agreement on my PI case whereby the defendant was to pay 75% of the proceeds of the sale of his rental property into a settlement fund. Less than 2 months after the court entered the order, the Defendnat put the house up for auction and then it was sold for less than what he owed on it. Can I sue my lawyer for not protecting my interest?


Asked on 9/23/09, 4:50 pm

1 Answer from Attorneys
Gary Mims Sickels, Frei & Mims

The question cannot be answered based upon the facts presented. Legal malpractice is the failure of the lawyer to act as a reasonably prudent lawyer would under similar circumstances and/or in accordance with the law and ethics. One would need to know why the case settled, for how much and why the agreement to fund a settlement fund was reached (as opposed to just taking the property, for example), was the sale reasonable and forseeable, why didnt the agreement have a minimum sales price or an option of first refusale, and on and on.

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Answered on 9/28/09, 5:01 pm


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