Upright Law: Can You Sue For Malpractice?

can i sue upright law

UpRight Law, a national bankruptcy service, has been the subject of numerous complaints and negative reviews. The company, based in Chicago, partners with lawyers across the United States and heavily promotes its services online. However, there have been several issues with refunds, unethical practices, and poor customer service. Some clients have reported that they paid the company for bankruptcy services but did not receive the expected assistance, with their cases being mishandled or not addressed at all. There have also been complaints about frequent changes in assigned lawyers and a lack of support from the main office. UpRight Law has faced ethics inquiries and disciplinary actions, including sanctions and fines, due to their use of non-lawyers providing legal advice and aggressive sales tactics. With a history of complaints and refund issues, potential clients should exercise caution when considering UpRight Law for bankruptcy services.

Characteristics Values
Number of locations 19
Location of headquarters Chicago
Services offered Bankruptcy, credit card debt, foreclosure, medical debt, wage garnishment, consumer bankruptcy services
Reviews Mixed, with some positive and some negative
Issues with services Lawyers changing, business closing down, refunds not being given, cases not being filed, unauthorized practice of law by non-lawyers, incorrect legal advice given, delays in refunds
Disciplinary action Ethics and disciplinary inquiries, sanctions, suspension of ability to file cases, fines

lawshun

Upright Law's unethical business practices

Upright Law, a national bankruptcy service, has faced ethical concerns and disciplinary inquiries from the Iowa Attorney Disciplinary Board. The company, based in Chicago, partners with lawyers across the United States, including in Iowa. The company has been accused of employing hard-sell tactics to get clients to pay fees and using non-lawyers to engage in the unauthorized practice of law.

Several clients have complained about the company's refund policy, claiming that they did not receive refunds even after being promised by the company. In one instance, a client paid $2000 for bankruptcy services, but the company closed down before any services were rendered, and the client did not receive a refund. Another client reported a similar issue, stating that they only received $100 out of the $2030 they paid, and as a result, their wages were garnished.

Upright Law has also been criticized for its heavy use of non-lawyers, with bankruptcy trustees in several jurisdictions objecting to this practice. In at least one case, a non-lawyer staff member provided incorrect legal advice, which is only permitted to be given by a licensed attorney.

The Better Business Bureau (BBB) has been unable to locate the business, and Upright Law has an "F" rating from the BBB for failing to respond to complaints. The company has also been sanctioned or suspended by bankruptcy courts in Alabama and Virginia for mishandling bankruptcy cases and improper practices.

While some clients have expressed satisfaction with the services provided by individual lawyers affiliated with Upright Law, the company's business practices, refund policy, and use of non-lawyers have raised serious ethical concerns and led to disciplinary action.

Martial Law: Can Governors Impose It?

You may want to see also

lawshun

Non-refund of fees

There are several instances of customers complaining about the non-refund of fees by Upright Law, a national consumer bankruptcy law firm. In one case, a customer paid Upright Law $2,030 in weekly instalments of $40, only to be informed that their case was cancelled and that they would receive a refund in 30 days. However, they only received $100 and were unable to finish their bankruptcy process. In another case, a customer paid Upright Law $2,000 for bankruptcy services, only to be informed that the business had closed down and that they would receive a refund. Two years later, the customer still had not received the refund and their wages were being garnished. Similarly, a disabled veteran paid Upright Law over $3,000 for bankruptcy services but was unable to finish paying due to their disability and multiple creditors. They were unable to get a refund and lost all their money. In yet another case, a customer paid Upright Law $2,010 for bankruptcy services but did not receive a refund even after 134 business days.

While the laws regarding refunds and consumer protection vary by state, there are some general steps that customers can take if they have not received a refund from Upright Law. Firstly, customers can send a demand letter for a refund through a local lawyer. This can often resolve the issue quickly, as lawyers typically want to avoid lawsuits and issues with the state bar. If this does not work, customers may have a valid lawsuit to get their money back, especially if no work was started on their case. In some states, such as California, customers can sue in small claims court for up to $10,000 without a lawyer. However, it is important to consult with a licensed lawyer to determine the specific laws and options available in each jurisdiction.

lawshun

Upright Law is an online consumer law firm based in Chicago, offering services in all fifty states. The firm has faced several ethics complaints, including disciplinary action in Iowa and sanctions in Alabama and Virginia.

In Iowa, consumers have complained about being connected with non-lawyers who provided incorrect legal advice. In one instance, a client was promised a refund, but their request was met with delays and obstacles. This is not an isolated incident, as bankruptcy courts in Alabama and Virginia have also taken a stand against Upright Law, sanctioning the firm for mishandling bankruptcy cases and allowing non-lawyers to engage in the unauthorized practice of law.

If you have received incorrect legal advice from Upright Law, you may be able to take legal action for malpractice. To do so, you must prove that the lawyer's advice fell below the standard of care expected of them. This can be challenging, and you will likely need another lawyer to testify that the advice constituted malpractice. Additionally, the damages incurred need to be substantial enough to justify the cost of the lawsuit.

Before pursuing legal action, it is recommended to first speak with the lawyer who provided the incorrect advice. They may be willing to reduce their fees voluntarily, providing an opportunity for a voluntary resolution. If this does not work, you can consider contacting the State Bar to request fee arbitration or suing for malpractice. Fee arbitration allows you to challenge the validity of the fees without needing a lawyer, and it is typically a quicker process.

It is important to note that laws and rules may change over time, so it is advisable to consult a malpractice attorney to review all the facts and determine if you have a viable claim.

lawshun

Mishandling of bankruptcy cases

Upright Law, a national bankruptcy service, has faced ethics and disciplinary inquiries from the Iowa Attorney Disciplinary Board. The firm has been accused of misconduct in its handling of bankruptcy cases, including allowing non-lawyers to engage in the unauthorized practice of law and providing erroneous legal advice.

In one case, Upright obtained payment of its attorney's fees by advising debtors to surrender their vehicles to an out-of-state towing company. This scheme was described as a "scam from the start" by a bankruptcy court, and Upright's advice resulted in the debtors being sued by their automobile lender.

In another instance, Upright filed bankruptcy cases for only 109 of the 473 Montana clients from whom the firm collected at least a partial fee. As a result of these allegations, Upright has paid or will pay more than $300,000 in monetary relief and has been barred from representing bankruptcy clients in Montana for six years.

Upright Law has also faced complaints from clients who felt they were misrepresented or given incorrect legal advice, which cost them additional money and turned their cases into asset cases.

While it is possible to sue a lawyer for mishandling a bankruptcy case, it is important to note that legal malpractice cases require expert testimony and proof that appropriate advice would have resulted in an improved outcome. The financial and time costs of a lawsuit should also be considered, as they may outweigh the potential benefits.

lawshun

Poor customer service

In the case of Upright Law, a customer service review mentions that the company assigned a lawyer to handle their bankruptcy case, but the arrangement did not work out, despite the customer paying $2010. The company promised to refund the full amount in 40-45 business days. A lawsuit for breach of contract can be filed in such a situation, where the court can be requested to force the company to fulfil its promise of a refund.

Before taking legal action, it is recommended to give the company the option of providing the service again. If the service has already been completed and it is not possible to provide the service again, you may be entitled to a discount. If you are unsatisfied with the resolution, you can issue a complaint with the Better Business Bureau in your community and inform others of your experience. Websites that rate local businesses can be used to spread awareness and prevent other potential customers from facing similar issues.

Frequently asked questions

Yes, you can sue Upright Law for unethical practices. Upright Law has faced ethics and disciplinary inquiries from the Iowa Attorney Disciplinary Board for using non-lawyers to provide legal advice and employing "hard-sell" tactics to get clients to pay fees.

Yes, you can sue Upright Law for not refunding your money. There have been multiple complaints from clients who did not receive promised refunds after paying for services that were not rendered.

Yes, you can sue Upright Law for bankruptcy malpractice. Upright Law has been sanctioned or suspended by bankruptcy courts in Alabama and Virginia for mishandling bankruptcy cases and allowing non-lawyers to engage in the unauthorized practice of law.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment