Legal Question in Legal Ethics in California

Lawyer Practice Area does not fit case

My lawyer is listed under the State Bar as praticing ''Trusts & Estates''

He had aggressively sought my business which was a case of Breach of Contract/Rescission & Fraud and nothing to do with Trusts/Estates. He did not appear knowledgeable, went back and forth contradicting himself and ruined my case.

Is a ''Trusts and Estates'' lawyer qulaified to handle my type of case?


Asked on 3/21/08, 7:40 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Lawyer Practice Area does not fit case

Mr. Lee is correct.

If you feel your lawyer was incompetent, ask him to explain, and/or file a complaint with the State Bar.

However, being a poor lawyer in your opinion, doesn't mean he is a poor lawyer.

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Answered on 3/23/08, 10:29 pm
Clayton Lee Russakow, Ryan & Johnson

Re: Lawyer Practice Area does not fit case

The practice area listed on the State Bar's website is an area in which he specializes, it is not a designation which limits his practice. There are thousands of general practitioners who specialize in one area, but take cases in all sorts of areas of law. So yes, he may very well be qualified to handle your breach of contract case, but it will come down to an individual inquiry. Cal. Rule of Prof. Conduct 3-110 requires a lawyer to act competently.

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Answered on 3/21/08, 7:44 pm


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