Legal Question in Civil Litigation in California
I wanted to know If I have a case against a law firm (law firms' name starts with a letter B, located in the city of Laguna Hills, CA) because early this year (2013) I tried to get my mother legal representation for an Unfair Business Practice case (against a property management company, for failing to maintain the common areas in our HOA, cause she trpped & fell on an uneven sidewalk).
That law firm agreed to take my mom's case and signed a Retainer Agreement after they had given me the Attorney-Client Retainer Agreement paperwork ("agreement") for me to give to my mom for her to sign.
My mom signed the Agreement and then I sent it back to the attorney, in person.
(My mom is almost 75 years old and cant travel much, so I sent the paperwork for her).
That attorney later appeared for my mom at a CMC hearing, and the Judge went on a negative tirade about my mom (for not being able to appear in person and for me interpreting for her over the telephone via CourtCall) and influenced that attorney to not take the case.
Now, that firm refuses to represent her, and sent a letter to me stating that she's disengaged. and my mom eventually lost her case cause she's didnt appear at future hearings due to her being ill and many doctor's appointments and treatments, and because that law firm abandoned the case.
Yet, when I was in that attorney's office, I told him and another attorney (there were 2 attorneys in the office with me) in that office that my mom is ill and doesnt like to travel on the freeway and not for more than 8 miles from her home (cause she's an impatient elder).
They said it was OK if she cant appear, as long as she could appear a trial, which they said is very unlikely that it would go to trial, cause they said about 97% of cases statewide settle before trial, and my mom's case has a chance of settling , given that the defendant's insurance adjuster had alreay proposed settlement offers.
But, know that they failed to keep their promise to me, that they would represent my mom in Superior Court -unlimited, do I have Breach of Contract case against that law firm.
In know my mom has a case for Legal Malpractice against that firm, but I wanted to know If I have a Breach Of Written case against that firm, since they had agreed with me that they would represent my mom, and later they sent me a letter to me that thet wont anymore, based on the Judge's negative statements about her and against me.
3 Answers from Attorneys
When are you people going to learn that big firms only care about big bills?
Since you haven't told us what the contract says, there's no way we can tell you if the firm breached it. Most attorneys' contracts say when and how they can resign. If the contract allowed the law firm to resign this way, then your mother probably doesn't have a breach-of-contract claim based on the resignation. (It's possible that they had previously breached in other ways.)
It's also possible that your mother had already breached the contract in a way that excused further performance by the firm. To illustrate: She may have given the firm false or incomplete information about herself and/or the case. If the comments you complain about by the judge revealed such a breach, then the firm may well have been allowed -- or even required -- to withdraw.
You claim to "know" that your mother had a legal malpractice case against the firm because the case was dismissed after they backed out. That also isn't necessarily true. If the firm resigned properly, then it had no duty to continue representing her afterwards. And even if it had such a duty, its breach may not have caused your mother to lose the case. In other words, if she was going to lose anyway, then her loss was not caused by the firm's withdrawal. (Here again, there may be other grounds for a malpractice case.)
Of course, these explanations are merely possible. I don't know whether any of them are true. There are other possible explanations as well. If you and your mother really want to know whether she has a viable case against the firm, you should consult with other lawyers and tell them a lot more about what happened.
Good luck.
So here are a couple of problems. One it probably was not an Unfair Business Practice Case but it was a tort case for a breach of duty of care...
Two, based on the facts you lay out, I see no legal malpractice issue.
Three, your Mom did not lose the case because they "abandoned" the case. There would have been an opportunity to substitute counsel and the court would have allowed time to substitute.
If the insurer had proposed settlement offers why was this not negotiated? There is something your are leaving out here... Sounds like there were some rejected offers that we are not told about here.
You claim that they breached a promise to you, but there is no contract with you. the contract is between your mom and the law firm, As a third party here, you really have no standing...
Law Firms can withdraw from a case..
.There are some inherent conflict in the case as well. Your mom did not appear at a hearing. I get people's fears but if it is important they would show in court. The other conflict is you translating. You clearly have a vested interest in the outcome of the case and your perceived negativity may be pure skepticism. I wonder what the outcome would have been had your Mom been in court with a court approved, neutral interpreter.
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