Legal Question in Construction Law in California

what recourse do I have

I hired an attorney to represent me in 2 law suits, he billed and was paid over $ 50,000 by me the case dragged on for 18 months with no end in sight. his original estimate was 2-3 months and $10-$15 thousand, in the end he vaporised the mechanics liens on the 2 suits by not filing his paper work and missing the court dates( 2 seprate dates in 2 counties) and failing to appeal the courts order that the liens be removed, once the liens were ordered removed by the court he filed papers in the court to be relieved as my counsel and told me not to come to the court for the motion hearing date as my presence was not required. after court granted his request, i received papers from the court clearly stating Imust come to court for the hearing or attorney's motion will be granted. Help!! what can I do he has bankrupted me and no other attorney will take the case without a hefty retainer. he also misrepresented his area of law practice.


Asked on 7/05/08, 7:20 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: what recourse do I have

The first thing that comes to mind is a legal malpractice action on a contingent fee basis. It could be difficult to find an attorney willing to attempt this, as malpractice cases usually require expensive experts, but it's worth asking around. You can also shop around for an attorney willing to take on the underlying cases on contingency. The first step there has to be review of the procedural status of the cases and whether they can be salvaged, without the liens, at this stage of the game. Just because there is no lien doesn't mean you can't win and collect a judgment.

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Answered on 7/05/08, 1:55 pm


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