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  1. #1
    mdouglas2401 is offline Junior Member
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    legal malpratice

    What is the name of your state (only U.S. law)? CA

    My father died recently and he had a Trust set up. The attorney who helped to draw up the trust also helped to administer the trust after my father's death. All of the work he did for us and all of the forms he filed with the courts where done incorrectly. I have had to hire a new attorney to fix all of his mistakes. The first attorney charged me approximately $5000. I now am paying a 2nd attorney for the work that the first should have done. Is this legal malpractice? How do I go about getting a refund from the first attorney?
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by mdouglas2401 View Post
    What is the name of your state (only U.S. law)? CA

    My father died recently and he had a Trust set up. The attorney who helped to draw up the trust also helped to administer the trust after my father's death. All of the work he did for us and all of the forms he filed with the courts where done incorrectly. I have had to hire a new attorney to fix all of his mistakes. The first attorney charged me approximately $5000. I now am paying a 2nd attorney for the work that the first should have done. Is this legal malpractice?

    **A: possibly


    #########
    How do I go about getting a refund from the first attorney?

    **A: first request a refund with the reasons set forth in the request letter.
  3. #3
    tranquility is offline Senior Member
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    *All* the work? *All* the forms? Did your current attorney say the prior attorney committed malpractice?

    You have given no facts to even guess if there was malpractice, or even a potential malpractice case.

    As HomeGuru said, ask. Those that don't ask, don't get. If he refuses, take the actual facts to an attorney for review.
    When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
    --W. T. Pooh (aka A. A. Milne)

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