Legal Question in Legal Malpractice in California

Re: Attorney may have failed to file before statute ran

Is Martinez County the county where the defendant's business is located? The proper venue would be where the defendant is located not where you are located. In some circumstances the venue is in your county, but before you panic you should check their county. If Martinez is the correct county, than you have a problem or rather your attorney has a problem. Once the statute of limitations has expired you lose all rights to compensation from the defendant. It is basically impossible to get a court to allow you to file after the fact. Unless you have signed settlement papers dated on or before the statute of limitations expires the defendant has no obligation to you. If the worse has happened and no lawsuit has been filed, and no settlement release signed by you, then your attorney has committed malpractice and you can now sue him for your original damages against the defendant plus damages for his malpractice. Letting a statuge of limitations expire is the most common mistake made by lawyers and very easy to prove at trial. However, with a malpractice case not only do you have to prove that your lawyer caused you harm but you have to prove the damages for the case he was handling for you. I know that this is a lot to absorb at one time but I want you to know that you have a chance at recovering your damages. Do you know if he has malpractice insurance? Even if he doesn't you may still be able to collect a judgment from him. I know that you are probably wary of attorneys right now, but one bad apple doesn't make the whole tree bad. You need to handle this the right way from the beginning so that you don't lose any more of your rights. What you need to do right now is confirm that a lawsuit hasn't been filed in another county. I would not recommend talking to your attorney again without having another party present either in person or on the phone, preferrably an attorney. If you would like to speak with me regarding this matter, and what your next step should be, please feel free to contact my office toll free at 888-546-9918. The consultation is free and you are under no obligation to retain my services. If you don't feel comfortable contacting me, contact your local bar association and ask for a referral to a local legal malpractice attorney. I have been practicing law for over a decade and because of the internet I have clients throughout the state. I look forward to hearing from you, and if I don't, I wish you the best of luck.

Sincerely,

John Hayes, J.D.

Re: Attorney may have failed to file before statute ran

First, review your file, to see if your current attorney filed a lawsuit. You are entitled to retrieve your entire original file from your attorney, it is your property. Your attorney may not charge you for copies. For a detailed explanation of what constitutes legal malpractice, please visit our website @labusinesslawyer.com.