Legal Question in Legal Ethics in California

My attorney's office has been making costly mistakes on my civil suit (documentation sent to opposing counsel and to the courts) so much so that I am in jepordy of losing my case because the opposing counsel is seizing this opportunity to have the case thrown out due to the contradictions in complaints, etc. that are so inaccurate. I have heavily involved in my case trying to do all the corrections because nobody else is. My attorney is annoyed with me because I have complained about the errors and that they haven't been corrected. Me mocked me and yelled at me and told me to get a new attorney that doesn't make mistakes. He said I owe him $100,000.00 even though I'm on a contingency basis. He said he doesn't want to be my attorney and he's going to take me to court for his money asap. He was extremely abusive and shouted profanities. What do I do? I have a mediation and other court appearances in the very near future.


Asked on 8/03/10, 3:55 pm

1 Answer from Attorneys

1. Unfortunately, attorneys are like other people too. Some are nice, others are not courteous and some are down right rude.

2. Your attorney's mistakes MIGHT be actionable depending on whether or not they have actually caused harm to your case. That is impossible to know without reviewing your case file.

3. If the attorney is on a contingency fee basis he is not entitled to recover until the case is resolved. However, the money that he claims you owe him MAY be based upon case COSTS and he might be entitled to recover some/all of those for which he advanced on your behalf. You will have to review the fee agreement to determine whether he agreed to advance them for you or whether the attorney was going to advance them for you.

4. You will likely want to get a new attorney for your mediation and other hearings. You SHOULD do that ASAP!!

Let me know if you want to discuss this matter.

J. Caleb Donner

[email protected]

805-494-6557

Read more
Answered on 8/09/10, 1:40 pm


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California