Andrew Rubin, Esq.

Teresa Giudice legal malpractice claim allowed to move forward

Back in December, we wrote about a legal malpractice case filed by Teresa Giudice of Real Housewives of New Jersey fame. As we noted then, Giudice filed the malpractice case against her first bankruptcy attorney claiming that the outcome of her bankruptcy fraud case was the result of her attorney’s mishandling of the case.

Giudice spent almost a year in prison, though she was sentenced to 15 months, having been released early. Her husband Joe is currently serving a 41-month sentence in prison in connection, also for bankruptcy fraud. Giudice’s legal malpractice case was dismissed last year “without prejudice,” on the grounds that the Giudice’s bankruptcy case was still active. The judge apparently wanted to wait for the outcome of the bankruptcy case, so the case was dismissed without any affect on Giudice’s ability to proceed with the suit later on. 

Giudice recently received a boost when a New Jersey judge ruled that the case may move forward. In her legal malpractice lawsuit, Giudice accuses her former attorney of failing to consult with them, which resulted in the filing of documents that were inaccurate. The attorney, however, claims that he based his work on documents the Giudice’s submitted to him and signed.

Without knowing the details of the case, it is hard to say much more, but it is certain that the case will be a contentious one. It’s understandable, since the Giudice’s had a very poor outcome to their case, and it’s natural that they’d like to pass the blame. At the same time, it is also natural for attorneys to defend their work, even when they fail to act up to the legal standard.

Legal malpractice cases are not necessarily easy to pursue, and it is important to work with an experienced attorney to have one’s situation accurately evaluated and to build the strongest possible case. 

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