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CONFIDENTIAL

Jan. 31, 1998

Attorneys
Legal Malpractice
Standard of Care

Confidential

Settlement –  $20,000

Mediator

Deborah Rothman

Court

L.A. Superior Central


Attorneys

Plaintiff

Kenneth S. Gaines
(Gaines & Gaines APLC)


Defendant

Bruce I. Bolkin


Facts

The plaintiffs in this case hired defendant, a bankruptcy attorney, to represent them in bankruptcy when they were about to lose their home to foreclosure. The bankruptcy judge granted the lender relief from the automatic stay, the home was foreclosed upon and plaintiffs' equity was lost. The plaintiff brought this action against defendant based on a legal malpractice theory of recovery.

Settlement Discussions

The plaintiffs initially demanded $45,000, while defendant initially offered $5,000.

Damages

The plaintiffs sought $45,000, which was the amount of net equity in the home. The defendant countered that the equity would have been reduced by a $13,000 to $20,000 prepayment penalty, for maximum net damages of $25,000 to $32,000.

Other Information

MEDIATION: A mediation was held on Dec. 12, 1997, before Deborah Rothman of the American Arbitration Association resulting in the reported settlement.


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