QUESTION
My case was dismissed due to my attorney not submitting evidence I provided in the same format as I provided it. Is this misrepresentation?
Asked on Jun 04th, 2021 on Legal Malpractice - Colorado
More details to this question:
I had a custom car painted, the paint failed within 60 days. After attempting to work with the shop that performed this service, it became obvious there wasn't going to be any type of resolution. My case was dismissed mostly do to my attorney (Doug Gradisar) submitting to the court black and white pictures of the vehicle. These pictures didn't reflect the issue at hand. I provided these pictures to my attorney in a color format that clearly depicted the failure of the services provided. At this point my attorney is billing me for his careless misrepresentation of my situation. I have tried to work with him explaining that due to his careless attention to detail I didn't feel I should be billed the full amount he is charging for his services. If I had won the case it would have been a settlement of $20,000.00 or more. I have paid nearly $4000.00 to my attorney and he is billing me an additional $7000.00 for his services. Would this be a case of negligent misrepresentation?
1 ANSWER
It could be considered malpractice, but it is hard to win a malpractice case since you would have to prove that you would have succeeded and been awarded judgment (not a settlement; a settlement is a voluntary agreement to resolve a dispute) had your attorney used the color photos.
A misrepresentation is a false statement of fact. A negligent misrepresentation is when someone makes a false statement by mistake, not deliberately.
Answered on Jun 04th, 2021 at 6:37 PM