Vero Beach Bankruptcy Malpractice & Expert Witness Services
It is always a good idea to hire a qualified Florida bankruptcy attorney before seeking bankruptcy protection. Bankruptcy is a legal process with a number of procedural steps that must be completed in order to obtain a favorable outcome for the debtor. An attorney’s advice is often invaluable in navigating this process.
Unfortunately, some bankruptcy lawyers do not take their fiduciary obligations to clients seriously. While everyone makes mistakes, including lawyer, there are circumstances where the debtor-client is a victim of malpractice. If that is the case with you, the Vero Beach bankruptcy malpractice attorneys at Markarian & Hayes can help. In addition to assisting debtors like you who have been the victims of malpractice, we can also serve as expert witnesses in support of bankruptcy petitions or adversary proceedings.
What Is Bankruptcy Malpractice?
Malpractice does not simply mean you are dissatisfied with an attorney’s representation. In Florida, malpractice requires the following elements:
- the existence of an attorney-client relationship;
- the attorney’s “neglect of a reasonable duty”; and
- the client suffering a loss as the result of such neglect.
Some malpractice is the result of fraud. Other times it is the product of negligence, such as missing an important filing deadline or omitting a critical asset from the debtor’s bankruptcy petition. In the context of an adversary proceeding, a bankruptcy attorney may also commit malpractice by failing to “zealously” advocate for their client’s interests before the court, causing the debtor to lose a critical ruling.
Whatever the situation, the burden of proof in a malpractice claim is on the debtor to show the attorney had a legal duty, neglected it, and caused the client to incur financial damages. This is not an easy task. And it is not one you should attempt without the assistance of an experienced Vero Beach bankruptcy malpractice lawyer.
Why Would I Need an Expert Witness?
While many bankruptcies are simple, there are cases where a bankruptcy petition may involve more complex assets and financial data. This is where an expert witness can prove invaluable. At Markarian & Hayes, we have one of the few nationally certified attorneys in business and corporate bankruptcy law, and we can provide expert witness services in the following areas:
- properly valuing the debtor’s assets;
- properly valuing the amount of any secured debts;
- explaining the rights of debtors and creditors;
- determining the feasibility of a proposed repayment or reorganization plan;
- conducting investigations into potentially fraudulent or preferential transfers; and
- analyzing the debtor’s overall solvency.
Contact Markarian & Hayes Today if You Need a Bankruptcy Expert Witness or Malpractice Attorney
Many debtors think that simply hiring a bankruptcy attorney will be enough to fix their debt problems. But when the attorney is negligent–or additional help is required–that is where we can step in and provide additional assistance. If you need a qualified Vero Beach bankruptcy malpractice attorney or expert witness, contact Markarian & Hayes today.