Legal Question in Civil Litigation in California

Re: lawsuit

You may wish to think this one over before filing. To prove malpractice, you must prove the attorney fell below the standard of care, which will require an expert attorney to establish what the standard of care is, and that your former attorney did not meet that standard. You are easily looking at several thousand dollars alone for that. Second, the court costs are pretty steep, and you will essentially be throwing your money away unless you hire a lawyer to help you. If you have tried to get an attorney to take your case, but have had no luck, then perhaps that should tell you your case may not be well taken. You can also find yourself in hot water if you file a frivolous suit, since you can find yourself on the wrong end of a malicious prosecution suit yourself. You should really reconsider your position before you go forward and file. If you still want to file your suit, go to any law library at any local courthouse, and ask the Librarian for the Legal Solutions forms. There is a good index, and all the forms you will need are right there. You may also wish to consider the Matthew Bender Forms of Pleading and Practice for additional guidance. If you want a private consultation, you can always give me a call or email. Good Luck!

Re: lawsuit

I have defended other lawyers from legal malpractice cases. Like any other professional negligence case, you must hire an attorney to testify as a standard of care expert on your behalf at trial. Without expert testimony, your case will never get to the jury and will be dismissed.

If your former lawyer has malpractice insurance, you will be facing an experience lawfirm with pockets that are a lot deeper than yours. If case is so strong, then you might be able to get a malpractice plaintiff's attorney to take on the case for a percentage of the recovery. However, your chances are very slim without hiring and attorney and you have NO chance without an expert witness.