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Client who got $111 from $150K settlement can’t sue firm for malpractice

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Client who got $111 from $150K settlement can’t sue firm for malpractice

Jan 30, 2013, 10:54 pm CST

A trial court has nixed a malpractice lawsuit filed by a disgruntled client who contended that a New York law firm should have warned him, before setting his personal injury case, that a litigation funding loan would suck up almost all of his award.

Mirman, Markovits & Landau never referred plaintiff Elwin Francis to a litigation funding company, nor suggested that he get such a loan, Kings County Supreme Court Justice Bernadette Bayne held in a Jan. 3 opinion. She also found that Francis failed to plead sufficient facts to support his case and refused to allow him to amend his complaint, saying that he had no viable case for damages against the law firm and its partners, Bloomberg BNA reports.

After the loan was paid, Francis reportedly received $111 of a $150,000 settlement. One litigation funding company, Law Bucks, had a lien for $96,000 against the proceeds of Francis’ recovery.

Updated Jan. 31 to note the amount of the lien against the plaintiff’s recovery.

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