Legal Question in Legal Ethics in California

Auto accident case

I have hired a lawyer but he has not filed the case yet. In september 08, it will be the 2yr. limit to the time to be able to file. If he doesn't file is there any legal action I can take against him?


Asked on 5/08/08, 6:13 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Auto accident case

Um ... I respect Mr. McClure's opinion, but it's incumbent on you to take action now. Find another lawyer to take the case. That lawyer will have you sign a letter to the other lawyer requesting your file and terminating his services. There's plenty of time to file the lawsuit. Thus, a malpractice claim won't fly, since you know he hasn't done anything and you can do something positive about it. Get another lawyer now!

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Answered on 5/09/08, 2:37 am
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Auto accident case

Sure, if he blows the statute his inaction could be grounds for a malpractice claim.

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Answered on 5/08/08, 6:36 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Auto accident case

Mr. Cohen is correct.

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Answered on 6/20/08, 4:35 pm


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