Attorney Neglected Case and Caused a Default
Hello, this involves the state of PA. I'm looking for advice on how best to proceed. A friend and I have a small LLC, and we took on an attorney on contingency to help us pursue some escrow funds that were in dispute from a RE transaction. To make a long story short, we recently found out the attorney failed to appear in court on multiple occasions, or to respond to the courts demands (all available from an online court database). As a result, a judge ordered a default judgement to have the funds released to the opposition. In addition, the court ordered an additional default judgement against our LLC for legal costs and damages relating to a PA consumer fraud claim. Since we've found this information out, the attorney in question has refused to respond to multiple phone calls, text messages, or emails.
Our LLC does not have any assets at this point, so we feel we are at low risk from the "additional" judgement. However, there is a possibility that the opposition my decide to pursue that judgement against us individually and attempt to pierce the corporate veil.
Looking for some advice to get us started. These are the options I think we have:
1) Do nothing. Take the loss on the first judgement, and assume they won't attempt to collect on the second judgement. If there is a motion against us personally at some point, retain a lawyer at that time.
2) Try to reverse the court's decisions based on attorney incompetence - is this even possible?
3) Find a contingency malpractice attorney to go after the lawyer's insurance company for both the initial and second judgement.
Any thoughts?
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