QUESTION

Can an inactive attorney be sued for malpractice?

Asked on Jun 30th, 2013 on Personal Injury - New York
More details to this question:
Attorney in 1987 divorce case ignored my messages. That hsb. Was selling property that I had an interest in. (Was for sale 6 yrs. Ago for $1,350,000.00.) Atty. Did not return phone calls. Gave my draft of "our" settlement agreement two days before the court date, which was a whited out a copy of another client's settlement agreement. She gave all assets to hsb. After 16 years of marriage, no visitation schedule draft with our son. She threatened me when I said I would not sign it told me "the judge is not going to like that and he will come down hard on you." I was afraid and signed. I wrote the judge and hand-delivered the letter. Judge ordered hearing and for my Atty. To appear. (Atty. Withdrew/I had dismissed her concurrently before hearing.) Atty. Did not show up and sent notes to judge that "he had not cleared her schedule." Judge ruled in that case was "taking too long" and let the settlement stand. Attorney. Represented the same custody evaluators who did our level. In which hsb. Got full custody. Son 14 attempted suicide and was hospitalized for 7 MOS.; Dr. would not release son back to hsb. As he used drugs and alcohol with son. Iโ€™m 71-1/2 yrs. Old and live on SS check of $1,039 and home equity line. Selling house to pay back line. I never dreamed I would be so poor. CPA recently told me that even when I sell house and other assets that "you don't and won't have enough to live on." Can a now inactive attorney be sued for malpractice in Colo. After 26 years? I have all of the paperwork.
Report Abuse

5 ANSWERS

You need to sit down with an attorney licensed to practice in the state where the Decree was filed.
Answered on Jul 03rd, 2013 at 3:05 AM

Report Abuse
I assume Colorado law is the same as California in that there is a statute of limitations [one year here] to sue for malpractice [date of act ]and/or de find out about malpractice]. Sorry for your situation but there appears to be nothing that can be done.
Answered on Jul 02nd, 2013 at 8:52 PM

Report Abuse
Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
Update Your Profile
Most likely any statute of limitations for you to bring such a claim has run. You need to make sure you ask this question to an attorney in CO to make sure.
Answered on Jul 02nd, 2013 at 2:29 PM

Report Abuse
Ronald A. Steinberg
Under Michigan law, you must sue for malpractice of a lawyer within 2 years of the last date on which the lawyer represented you. Absent that, you must sue within 6 months of discovering that there was malpractice. You are probably way too late.
Answered on Jul 02nd, 2013 at 12:34 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
The key phrase here is "after 26 years". I don't practice in Colorado but I can't imagine any statute of limitations being that long.
Answered on Jul 02nd, 2013 at 12:24 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters