Can I sue my lawyer?

About four years ago my lawyer friend, partner in XYZ firm wrote a contract for me to do business with my clients.

My industry and his name/his law firm are protected for now.

After many clients signed this service contract and I collected my fees and performed my service, one client sued me.

As it turned out my lawyer friend and partner in a law firm forgot to include several clauses that NY companies must include in their contracts.

I settle out of court with this client for a large amount.

It never occurred to me to sue my friends law firm for contract negligence.

Four years later, don't ask me why, I decided to ask for his opinion.
He is not returning my calls or email.

I did however, take those required clauses I got sued for and include them in my new contract and had two attorneys check it out and now my new client contract is iron clad.

So, my question is do I file a law suit against my friends firm, or let it go.

I just can't believe those clauses were omitted and now he is not returning my calls or emails.

Advice????

Did the lawyer's firm represent you in the lawsuit?

It is far too late to successfully sue the attorney.

Zigner said:

It is far too late to successfully sue the attorney.

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I was just about to bring up statute of limitations..

Of course, if the attorney still represented the client, the statute is tolled.

Which is why I asked my question.

can I sue my lawyer

No, the original lawyer friend who wrote the contract did not represent me against the lawyer who sued me out of court.
I did not end my relationship officially with the lawyer who wrote the contract, so I am not sure if my official relationship is over.
What is the statue of limitations on suing my lawyer.
Is that why he is avoiding my contact?
I would like to know that before I attempt to take it to the next level, what ever that level is like calling him at home.
Thanks. I would appreciate an offical answer from a lawyer on this if possible.

coach13 said:

No, the original lawyer friend who wrote the contract did not represent me against the lawyer who sued me out of court.
I did not end my relationship officially with the lawyer who wrote the contract, so I am not sure if my official relationship is over.
What is the statue of limitations on suing my lawyer.
Is that why he is avoiding my contact?
I would like to know that before I attempt to take it to the next level, what ever that level is like calling him at home.
Thanks. I would appreciate an offical answer from a lawyer on this if possible.

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The vast majority of responders here are NOT attorneys.

You are welcome to run the situation by local counsel.

You'll need an attorney to review the facts. If he is still representing you, it is possible the statute is tolled (stopped).

Also, the statute of limitations has to do with when you knew or should have known there was a problem. Certainly when you found out about a possibility of error on the contract. (When was that?) But, it may be sooner. I don't know case law on legal errors in your state (Nor, what state it is. Switchblade must be tired.), but I suggest for technical errors a layman would not catch it is not a patent error, but a latent one and the statute of repose may be the issue as much or more than the statue of limitations.

With the interaction of these things, I am uncertain as to how things would come out without research. But, since it is big money and the error seems completely the attorney's fault, I'd get a malpractice attorney to review the facts.

Thanks, thats the best advice. Its new york state and about 3 years after the contract was written we got sued so it sounds doubtful I can recover that monies. However, on a personal note, I am so amazed that at the least, he didnt call me back or email me and tell me the bad news. That hurts the most. Thanks.

Its new york state and about 3 years after the contract was written we got sued so it sounds doubtful I can recover that monies.

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That's not necessarily true. If the error is latent, the statute of repose and not limitations would apply. I would need to research if a legal error on a contract is latent or patent if a layman would not catch it. Certainly, the statute of limitations would apply from the moment you knew or should have known there was a possible problem. But, in your situation, it may not start until you were notified by the other party there was a problem with the contract.

However, on a personal note, I am so amazed that at the least, he didnt call me back or email me and tell me the bad news. That hurts the most. Thanks.

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Part of this may be the hope it all just goes away. Also, it may be an attempt to show he does not represent you any longer. If he was still representing you, the statute of limitations may be tolled. I say maybe, as I don't know if the same rule would apply if he was representing you on a matter not related to the original problem.

See a malpractice attorney. It seems well worth an hour or so of his time.