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J
Jander Asked September 2009

Is there any legal resources for someone who has been given legal advice to take out a personal loan to fund their parent's long term care?

I later learned that this elder law attorney acted outside his field of expertise. That advice has now resulted in my home going into foreclosure and the loss of my father's estate and my personal income.

TrishC73 Sep 2009
Only a lawyer can give you a final say on whether there is legal recourse or not.
What you are talking about it suing the lawyer for malpractice. To show malpractice you have to prove that the lawyer was negligent and acting outside of legal standards. This lawyer may have been outside his field of "expertise" but not necessarily outside his training as a lawyer.
A lawyer will not take a bad case if they do it on a contingency fee so you would probably have to pay thousands of dollars up front to even have the case considered.
If you can get a free consultation with a lawyer or can get legal aid, meet with them, but don't get you're hopes up.
You can see about filing a complaint with the state licensing bureau and/or the bar association which may give somebody else a heads up but you won't recover any money.

Bottom line is just because advice comes from a lawyer doesn't mean it's good advice. Get a second opinion if in doubt.

Better luck in the future.

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