Legal Question in Appeals and Writs in California

What constitutes a breach of conduct? I paid my attorney $9, 000 to file a writ of habeas corpus. He explained the procedure he would go through, and he said the request for habeas corpues relief had been denied, and that he would file a petition for re-hearing. Then he sent me a statement saying he did not see any reasonable hopes for success. Next he gave me the names of two other attorneys. I don't have the funds to start over again; what can I do?


Asked on 8/22/10, 5:24 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Whether the lawyer breached your contract depends upon what the contract said, as well as what he did or didn't do and why. You haven't provided enough information to say whether he breached or not.

I suggest re-posting your question with more information about the contract. Since the question is more about contract law than appeals or writs, I suggest re-posting under general civil litigation instead.

Finally, if you must proceed without a lawyer, you have the right to represent yourself. You can also ask the court to appoint a lawyer for you. You aren't entitled to a court-appointed attorney in a habeas case, but you might be able to get one anyway. You can also contact the public defender in the county where you were convicted (as well as the local ACLU) and ask them to suggest how you can seek a pro bono attorney.

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Answered on 8/27/10, 5:40 pm


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