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Do we have the grounds to sue this lawyer? Ohio

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  • Do we have the grounds to sue this lawyer? Ohio

    Hello... My father died in 2002. His estate was opened in Ohio and stocks that he owned were distributed among us three children by an attorney in Archbold, Ohio. Well, turns out that there is more stocks out there in Wells Fargo that the attorney did not find in 2002. Although, he did have his taxes (forms) that stated he had shares of Southwest and Omnicom. Well, according to the attorney he "assumed" that they were stocks that our father had sold and the attorney never checked into it. Well, turns out that the stocks were worth double in 2002 and thanks to the economy & the lawyer, they are worth half now. My question is???? Is this Lawyer at Fault???? Do we have grounds to take this to a higher up source to sue this attorney for not doing his job in the first place? Please help. Thanks, Stacy

  • #2
    You can certainly consult an attorney who handles legal malpractice case or your state's disciplinary board for attorneys. Given that this happened in 2002, it's also quite possible that the statute of limitations for legal malpractice has tolled. One of my sources indicates that it's one year from when the cause of action took place. You'd also have to prove convincingly that you would have sold the stock before the market went down and that you're not just complaining now because the market went down. There is always the chance that if you continue to hold the stocks the market will go back up again.
    I am not able to respond to private messages. Thanks!

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    • #3
      My reference notes 1 year SOL also for legal malpractice.

      However, you can certainly talk to a legal malpractice attorney - there possibly can be exceptions.
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