Legal Question in Legal Malpractice in California
Need Immediate Advice!
As a pro se plaintiff, what procedures must I take to secure a legal malpractice/ethics-professional responsibility claim prior to statute of limitations cutoff date? When does the statute begin, at the time the judgment/order is set forth from the distict court, or when the appellate court dismisses the appeal in the absence of judicial review? Although my case would have prevailed had there been trial, ''beyond a resonable doubt'' against defendants, however, the definitive outcome of my case ultimately resulted from the neglegent case management by former representing counsel, does it fall under ''legal malpractice'' or ''Ethics/Professional Responsibility? What must I do next, now that the appellate court has set forth its order, do I return to the district court as a pro se plaintiff and file legal malp. claim, or must I retain a specialist in this particular area of practice? I have numerous questions as well as concerns, however please review and respond to the information/questions/inquiries, declared above as soon as convenient. In the interm I look forward to hearing from you. Thanks!
2 Answers from Attorneys
Re: Need Immediate Advice!
Listen very carefully to what attorney Starrett is trying to tell you. Unless you get two attorneys, one to handle your legal malpractice case, and another to be an expert witness, you will lose and you will have to pay more court costs. Filing a case like this in pro per will demonstrate to the whole world that your case has no merit and it will be unfair to your former attorney. Because you are not a lawyer, you cannot testify about whether your former lawyer's performance fell below the standard of care. The judge will ignore anything you have to say about your former attorney unless you have another lawyer on board as an expert witness.
Re: Need Immediate Advice!
Calculating the statute of limitations for a legal malpractice lawsuit is very complicated can depend on many factors. Therefore, I will express no opinion on WHEN you should file a lawsuit to preserve your claims. However, filing a lawsuit in a timely fashion is the ONLY way to protect yourself from the expiration of the statute of limitations unless your former attorney agrees to sign a "tolling agreement" that extends the statute.
Legal malpractice lawsuits are VERY difficult to pursue without the help of an attonrey. In fact, you'll probably need TWO attorneys, including one to testify as an expert witness on your behalf. Without expert testimony establishing that your former attorney's conduct fell below the standard of care, you cannot win your case.
I suggest calling the lawyer referral service for your local county bar association for a referral to a lawyer that specializes in represnting plaintiff's against their former attorneys.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
