Legal Question in Civil Litigation in California
Attorney Flaked Out
Our attorney just left us in the dust with a case concerning the non-payment of a personal loan back in July of 2005. He did a little of this and that and I believe he messed up from the beginning. The contract loan is for $28,500 and now legal fees paid up front. Can we sue the attorney if nothing is done about defendant. She also left the state while what court dates have passed without her showing. What can we do?PS She forged our signatures on a recision paper too!
5 Answers from Attorneys
Re: Attorney Flaked Out
What is the current status of your lawsuit? If the defendant isn't participating in the litigation, your current lawyer may be able to get some sort of default, and you will have a judgment soon. You should find out from your lawyer if this is about to happen; if nothing is really being done with the case, you may need to get another lawyer to finish it up.
Re: Attorney Flaked Out
It sounds like you have two competing concerns right now. One is ensuring that the original claim is preserved and then, pursuing you former attorney for professional negligence at best or malpractice at worst. If the defendant has failed to appear, it sounds as though a motion for default judgment would be appropriate. However, of course the caveat is that one would need to review everything to properly advise you of the next step.
I would be willing to discuss your case to see how I may be of assistance.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
Toll Free: 877*201*8728
Direct: 619*400*4929
Fax: 619*400*4810
Re: Attorney Flaked Out
Hello.
If your current counsel of record "left the state" you need a new lawyer immediately.
If the "defendant" "left" after being served, you need your current lawyer to prosecute a default for you.
If your curent attorney is unavailable, you need to hire an attorney, file a motion to substitute in new counsel and proceed with the case.
All of this costs money. Seek out the new attorney first and consult with the new attorney whether or not you should make a complaint against the uncooperative former counsel with the State Bar. It is unethical for your current lawyer to abandon you.
To the extent that you are harmed by the abandonment, you may seek demages in a NEW LAW SUIT against the former attorney.
Sincerely,
Mark MItchell Geyer
Re: Attorney Flaked Out
IF the case has not been fatally damaged, you need to quickly get it back on track with new counsel, then demand refund of fees as appropriate after you know what is going on. If it has been damaged, or dismissed, etc., then we can talk about how to try to recover, and also an action against the attorney for the damages and lost value. Feel free to contact me if interested in straightening it out.
Re: Attorney Flaked Out
Get a new attorney and report the old attorney to the state bar.
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