What can you do to a laywer or law firm that fails to execute a will properly? 3 Answers as of May 27, 2011

A lawyer mishandled the preparations of a will, now that the person is dead; the law firm is having a hassle in executing the will, due to improper paper work and complete idiocy of the lawyer overseeing the will. What if anything is the law firm accountable for, and what can be done about it?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Attorneys and Law Firms are held to a high standard of competency and care when it comes to representing clients. If the Law Firm that drafted the document did not prepare it correctly, the estate may have a malpractice action against the Law Firm. If the Law Firm or Attorney did not have the competence to draft the document appropriately, you may have a complaint for the Attorney Discipline Office in the state where the Law Firm and Attorney are licensed. Filing a malpractice action against an Attorney or Law Firm should be done by a qualified Attorney or Law Firm. You however, can make the complaint to the Attorney Discipline Office in the State in which the attorney is licensed. You can get the information on filing your complaint from the Bar Association in the state, and the attorney discipline office can give you the instructions for proceeding.
Answer Applies to: New Hampshire
Replied: 5/27/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
If you have been damaged (suffered a loss, or the ability to receive money) due to the negligence of an attorney, you can sue for legal malpractice. Many attorneys have insurance to cover those types of cases. You should consult an attorney to advise you. Also, many states have a relatively short statute of limitations in which to file a lawsuit against an attorney for malpractice, so you may lose any rights you have if you delay.
Answer Applies to: California
Replied: 5/26/2011
Meyer & Yee, LLP
Meyer & Yee, LLP | Kent W. Meyer
If the lawyer did not act properly and in fact did not use the minimum level of expertise required then you can sue the attorney.
Answer Applies to: California
Replied: 5/26/2011
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