Legal Question in Civil Litigation in California

Re: Recourse against a dishonest lawyer and the best way to find a new lawyer.

Search for one through references from family, friends, business acquaintances, civic and social organizations, Christian Lawyer advertising, Lawyer Referral Service, etc. IF the new attorney says there was actual malpractice, and financial damage to the case as a result, then you can consider suing.

You'll probably get several offers of legal help here on this site. If the case is in SoCal courts, feel free to contact me to discuss the facts and your interest in getting help.

Re: Recourse against a dishonest lawyer and the best way to find a new lawyer.

Hello. I am sorry about your experience with an attorney. You have an unqualified right to seek alternate counsel and severe your relationship with your current attorney.

You might have an action against him for legal malpractice, but the question is whether it's worth pursuing. Would you be able to meet the high standard of showing that whatever he has done would not have been done by a reasonable attorney? Might not worth the fight, even though the amount you spent already is substantial.

Here is the problem with finding a good lawyer.

There are thousands of lawyers out there. Only few of them are good. Out of those many or too busy and therefore are unable to provide effective representation. The best way to find an attorney is to find a person who you know who had a similar or another complex business dispute who had an effective and knowledgeable attorney and seek his counsel.

Thanks,

Re: Recourse against a dishonest lawyer and the best way to find a new lawyer.

There but for the grace of God go I.

In a perfect world, all calls are returned in an hour, and the client gets a copy of every document. What really happens is that human nature sets in, the rates one can charge in a competitive market do not always cover expenses, and attorneys can overextend themselves. As you describe him, your lawyer is not being dishonest in the sense that he is stealing your money, he is being dishonest in the sense that he isn't earning the money you paid him.

An experience with one's attorney can be like a bad experience with a waitperson in a restaurant. If it starts out poorly, it usually doesn't get any better. You always have the absolute right to fire your attorney and to demand the case file, which belongs to you.

As far as suing him, you would first need to have an expert witness who, after reviewing your case file, will testify that lawyer #1's performance fell below the standard of care. You would, of course, also need to retain an attorney to handle the malpractice litigation, in addition to the attorney who would take over the existing mishe goss.

I have no pat answers about how to find a good attorney. If you have time, you could try sitting in a courtroom where "law and motion" matters are heard (ask the clerk's office which courtroom, and on what days and times, these matters are heard) and listen to the attorneys.