Legal Question in Legal Malpractice in California
Whether or Not An Attorney Has Acted Unethical?
My son was involved in an auto accident. The attorney had accepted the settlement amount without my son's consent. He will not speak to my son, but always used his personal friend to correspond to my son. (The person whom referred my son to the attorney after the accident occurred)
Has the attorney acted unethical? What would be your suggestion on how we should proceed. We have all copies of our requests, complaint prepared, but we are wondering if it is a waste of our time to pursue this complaint with the State.
Thank you for your time and consideration in reviewing this question, and for your forthcoming response.
Mom Who Thinks She Knows Best!
1 Answer from Attorneys
Re: Whether or Not An Attorney Has Acted Unethical?
Did your son give his consent to the attorney dealing with his friend instead of directly with him? If so, there is nothing to complain about.
Is the settlement amount fair or at least realistic in light of his injuries and the facts on liability?
Strictly speaking the attorney should have dealt directly with your son, however if the attorney had his consent to deal with his friend and the settlement amount was fair, I don't see the State Bar doing much.
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