Bankruptcy Law Firm Failures Often Constitute Legal Malpractice

By Author: David Drexler
Total Articles: 49
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In the current economic environment, it is routine news that households facing hardship often file for bankruptcy. Serving this unfortunately large and growing segment of the population are law firms that are sometimes called "bankruptcy mills," which work at lower fees with scores of clients simultaneously. But like pouring salt in a wound, their lower fees and production line approach to bankruptcy filings often lead to shoddy work that often qualifies as legal malpractice.


Sadly, many clients of these bankruptcy mills file for bankruptcy in an attempt to save their homes from foreclosure. But attorney negligence - failing to meet filing deadlines, for example - more than constitutes a breach of fiduciary duty on the part of the lawyer. It can mean a family becomes both bankrupt and homeless.


When to contact a legal malpractice lawyer


For the individual or family who has fallen prey to such lawyer negligence, there may be a way to recoup damages that resulted from the errors of your bankruptcy attorney. As in healthcare when a physician makes an error, you can ...
... also sue an attorney for their mistakes.


"Legal malpractice" occurs when lawyers fail to meet an accepted standard of care. This means that they should practice law at a basic level expected of all attorneys. The errors committed by bankruptcy mills often fail to meet these minimum standards. If you hire a legal malpractice lawyer, he or she will ask to also see the following:

Specific details of what was done incorrectly. Simply losing in court does not constitute legal malpractice - losing due to a lawyer’s mistakes does.

A direct connection between the attorney's error and the damages suffered.

The monetary value of damages you suffered as a result of attorney error. In the case of a home foreclosure, that could include your equity in the home and perhaps attorneys' fees.

Your legal malpractice attorney will determine if the case is worth pursuing. With these key points of information, your attorney will determine if the at-fault firm has the wherewithal (insurance or assets) to cover damages, should your malpractice case prevail. Most firms work on a contingency basis, meaning their fees are earned only when the client wins a settlement.