Madison County Circuit Judge Andreas Matoesian has scheduled a case management conference on Oct. 30 at 9 a.m. in a legal malpractice case against attorney Shari Murphy of Edwardsville.
In a lawsuit filed in April, Mark Warning claims he hired Murphy to represent him in a bankruptcy case in November 2010, but that she allegedly failed to provide proper counsel.
On May 10, the defendant’s attorney David K. Simkins filed an answer to the complaint denying the allegations and demanding a trial by jury.
According to the complaint, Warning says he was notified that Mark Van Hoy filed an objection in March 2011 to the discharge of $31,000 that Warning owed him and that a hearing was set.
That is when Warning immediately sought advice from Murphy and was told attorney fees for a bankruptcy case would cost him $1,000, the complaint states. Warning alleges he paid the fee but was not given any advice on the options available regarding the objection.
Unable to provide the retainer at that time, Warning claims he was able to obtain a 30-day continuance. In June 2011 the court entered an order of default on the money owed to Van Hoy.
Warning alleges Murphy didn’t advise him that he could re-file the bankruptcy at a later date and tried to resolve the objection with a payment plan.
Warning seeks a judgment of more than $50,000 in damages in court costs.
Warning was represented by John D. Wendler of Edwardsville.
Wendler withdrew as the plaintiff’s attorney on June 26. Warning is currently acting as a pro se plaintiff.
Madison County Circuit Court case number 13-L-571