Vandalia man claims lawyer committed a costly mistake

Kelly Holleran Jul. 20, 2009, 5:46am

A Vandalia man who runs Jenkins Display business is suing his former attorney and the law firm for which he works, alleging he lost money he would have received had the attorney not made a mistake.

Scott Jenkins filed a lawsuit July 9 in St. Clair County Circuit Court against James Richard Myers and Lefevre, Oldfield, Myers, Apke and Payne Law Group of Vandalia.

Jenkins alleges he hired Myers, a partner in Lefevre, Oldfield, Myers, Apke and Payne Law Group, to represent him as a creditor in bankruptcy proceedings of Plaza Properties.

However, Myers allowed an order to be entered by the bankruptcy court that granted a priming lien to Commercial Mortgage Services in the bankruptcy matter. Myers failed to correct his error while representing Jenkins, according to the complaint.

"The above-stated acts or omissions are outside the realm of the actions of a reasonable attorney under similar circumstances, and amount to professional negligence," the suit states.

Because of Myers's mistake, Jenkins was not paid money owed to him in a timely manner and incurred attorneys' fees to correct Myers's wrong, the complaint says.

Jenkins is seeking a judgment of more than $50,000, plus costs and other relief the court deems just.

Patricia A. Zimmer of Ripplinger and Zimmer in Belleville will be representing him.

St. Clair County Circuit Court case number: 09-L-366.

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