Wellington Bankruptcy Malpractice & Expert Witness Attorney
The last thing anyone needs while going through a bankruptcy, which can be often extremely complex, is to be represented by someone who does not perform their job to the required standards. While sometimes mistakes do happen, at times they can rise to the level of legal malpractice, and if this has happened to you, you will need an attorney who is unafraid to fight for your rights. Our Wellington bankruptcy malpractice & expert witness attorneys have the experience and the knowledge, and are happy to put it to work for you.
While bankruptcy malpractice cases are very difficult to prove, sometimes it will be possible to show that you previous attorney did commit malpractice while handling your case. A malpractice case is a type of negligence action, and in any negligence action, it must be shown that four criteria have been met. You must be able to show that a duty of reasonable care existed between the plaintiff-client and the defendant-lawyer (it has long been an axiom in law that the lawyer owes a duty of reasonable care to their client). You must be able to show that duty was breached, and that the breach was the direct cause of any injury the plaintiff suffered. You must also be able to show that the plaintiff did suffer injury – in other words, that the defendant’s conduct actually did harm the plaintiff.
Be advised that very often, it will be difficult to show that either the plaintiff did suffer injury, or that the defendant’s actions were the direct cause of that injury. Most of the time, unless you can show that you incurred a material detriment as a direct result of the attorney’s actions, it can be very hard to prove malpractice. For example, certain assets in Florida are not exempt from being sold in a Chapter 7 bankruptcy. If you are unaware of this and must sell that asset, it is not malpractice that your attorney did not advise you of this, because either way, the asset would not have become exempt. No detriment occurred.
Expert Witness Services
On another note, if you are going through a bankruptcy for the first time, it can be a good idea to have an expert witness on your side. There are few firms in the United States that are able to provide expert testimony regarding many financial issues that may become relevant during a bankruptcy, but ours is one of them. An attorney who is board certified in business and consumer bankruptcy can serve as an expert witness in your bankruptcy case.
Some of the many different aspects of finance and bankruptcy law that our office is qualified to testify upon include:
- Asset valuation, such as businesses;
- Solvency analysis;
- Interest rate and precedence questions regarding secured debts;
- Issues related to reorganization plans;
- Allegations of fraud; and
- Several other financial questions that may affect the ability of a debtor to receive a discharge.
Seek Experienced Legal Help
If you are going through a bankruptcy, you need an attorney who has a good grasp of the legal issues and will fight for you. Our experienced bankruptcy malpractice and expert witness attorneys at Markarian & Hayes understand that if you have had one attorney commit malpractice, your next needs to be a standout. Between our expert testimony and our hard workers, we will do our very best to make sure that your finances are straightened out to your liking. Call our offices today to schedule an appointment. We serve Wellington, Vero Beach and Palm Beach Gardens.