Legal malpractice suit claims attorney allegedly gave bad advice

A Madison County man claims the attorney he hired to represent him in a bankruptcy case allegedly gave him bad advice.

Mark Warning filed a lawsuit against Shari Murphy April 9 in Madison County Circuit Court.

Warning hired Murphy to represent him in a bankruptcy suit, according to the complaint, in November 2010. Warning says in March 2011 he was notified that Mark Van Hoy had filed an objection to the discharge of $31,000 Warning owed him and that a hearing was set on the matter.

Warning says he immediately sought advice from Murphy and was told it would cost him $1,000 to be defended in bankruptcy court. However, Warning claims he was not given any advice from Murphy on the options available to him regarding the objection.

Unable to provide the retainer at that time, Warning claims he was able to obtain a 30-day continuance. Then in June 2011 the court entered an order of default on the money owed to Van Hoy. Warning says his wages were subsequently garnished.

Warning alleges Murphy was nothing more than a person filling out forms and did not provide proper counsel to him, including failing to advise him he could re-file the bankruptcy at a later date. Warning says the attorney was also allegedly failed to try to resolve the objection with a payment plan.

Murphy is accused of legal malpractice. Warning seeks a judgment of more than $50,000 in damages and court costs.

Attorney John D. Wendler of Edwardsville represents Warning. They ask for a jury trial.

Madison County Circuit Court Case No. 13-L-571