June 12, 2017
- Client was seriously injured in an accident in 2008; hires Attorney #1 who failed to file the Complaint within the required time frame.
- Client then hires Attorney #2 to file a malpractice claim against Attorney #1.
- Attorney #2 did not file the malpractice case within the required time frame and client’s case was dismissed.
- December 2011, Attorney #2 met with his client after she assured him that she would not hire a 3rd attorney to file malpractice against him.
- Attorney #2 advised that he had no malpractice insurance and had no money; he offered the client a promissory note in the amount of $275,000 plus attorney’s fees of up to 25% of the value of the note.
- Attorney #2 advised that one of his cases was paying out shortly; she had 5 years to collect on the note.
- Client accepted the “deal”.
- June 2012, client filed a disciplinary action against Attorney #2.
- November 2013, client sued Attorney #2 to collect on the note.
- February 2014, Attorney #2 filed for a Chapter 7 bankruptcy and client filed an adversary proceeding for the note to be non-dischargeable.