I was sued in August of 2012 and hired a lawfirm to represent me. I used this lawfirm until March of 2013 and then replaced them for mishandling my case.
My case recently settled (a few weeks ago) and the prior law firm is now asking me to pay them $20,000 of unpaid bills + $3,000 in balance.
I read that the statue of limitations for malpractice against them is 1yr which would mean that it expired around March 2013. I did not wish to bring a legal malpractice lawsuit earlier because I was dealing with my other lawsuit. Can that be used as a reason to extend the SOL?
Can I still bring a case of legal malpractice against the former attorney?
is the former lawfirm likely to sue me for the balance due? I have already paid them over $40,000 but they are saying that I owe them another $20,000.
Nathan’s Answer
Can you demonstrate that your case would have had a better outcome had the former firm not "mishandled" the matter? If so, you may be in for more legal fees in a lawsuit against the former firm because you may need to hire an expert to demonstrate that in court. If not, malpractice may not be found. What adds difficulty to the matter is you may be over the 1 year statute of limitations for legal malpractice - you will want to consult with counsel over the phone to closely look at your file and see whether malpractice in fact occurred, and if there are exceptions to any statutes of limitations which apply to you that may have ran. You may have to pay hourly for such an in depth consultation.
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