RST- tried your contact link and only got your ansr pg I wrote a letter to atty: I authorize u to settle for x$s. 1 yr @ 5/29’09- no $ rec’d-no stip

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RST- tried your contact link and only got your ansr pg I wrote a letter to atty: I authorize u to settle for x$s. 1 yr @ 5/29’09- no $ rec’d-no stip

Signed a petition in compromise for daughter, and accounting- guardian for daughter suggests case could be restored- getting mixed answers from all around on that-general opinion is settlement is low-my atty defaulted on summary judgment-no motion in opposition filed-judge held case open-atty could have signed a stip for me but only entry on court website is letter from atty states settled.atty will not communicate lately.

Asked on May 7, 2009 under Personal Injury, New York

Answers:

R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, it sounds like you have a case for legal malpractice against your attorney.  Missing a date on a motion for summary judgment is a big thing.  But you'll have u'to prove that you had a meritorious case.  That means you have to prove that your case could have won if it wasn't for the mistake of the attorney. 

So, your attorney wont return you call? And he filed something with the court notifying the court that the matter settled? But you havent seen your money since sending him that letter in May, 2008?


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