Legal Question in Civil Litigation in California
attorney broke contract
We hired a attorney to pursue a civil claim for us, paid him 10,000 thus far. He told us that he had to drop the case because his paralegal had a heart attack. He said that Bob's heart attack had had a dramatic impact on his practice, and this is something that he had never planned. He also stated that he would still be vigoursly fighting this case if this had not happened. We are going to fee arbitration, what can we better do to prepare ourselves for this arbitration? Also can u tell me about attorney malpractice insurance? Is not fee arbitration like the fox watching the chicken coop since the outcome is determined by a fellow attorney?
Thank you
Kathleen Van Romer
3 Answers from Attorneys
Re: attorney broke contract
Malpractice depends upon what the lawyer actually did or did not do. If he abandoned you and caused you damages accordingly, that is malpractice. Please contact me for consultation and I can answer your questions.
Re: attorney broke contract
You did not disclose with whom you are going to conduct this arbitration. The State Bar has such an arbitration program, as does the Los Angeles County Bar Association, and, I am sure, many other Bar associations have such programs. The legal profession takes its responsibilities to the public very seriously. It is not the foxes overlooking the hen house. You can rely on the fairness of any fee arbitration you get involved with. To prepare, I would recommend you clearly understand what the attorney did do during his representation of you. How far are you from trial?
How complex a case is it? If you know the answer to these questions, you may well be able to settle the matter before having to arbitrate.
Re: attorney broke contract
Hi Kathleen,
your concerns are perfectly understandable, but rest assured that fee abitration thru the state bar is very judicious and fair to both parties entering the dispute hearing. from the facts given, you appear to have a very strong case and should prevail with the right preparation and organizaton of your case. you should also have the right to have an attorney assist with your case presentation and/or appear with you on your behalf at the arbitration proceedings. in fact, such attorney representation my help you expedite matters by helping you settle the matter prior to the hearing date. if you would like further assistance in this area, and/or in the case matter your former attorney was to complete, please feel free to email my office directly with how you would like to proceed.
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