Legal Question in Legal Malpractice in California
How difficult is to collect from legal malpractice insurance?
My lawyer requested to be paid in full, in advance prior to taking my case. I paid him in full. After cashing my check, he took my case but did not do any discovery whatsoever. At the time of trial he did not show up in court. He did not tell me of the trial date. I filed a complaint with the State Bar.He did not answered it and his answering time has expired. The court entered a judgment by default against me for the full amount of the complaint plus expenses, court costs, etc. amounting to about $ 21,000.00. My lawyer filed a motion to set aside the judgment and his declaration said that he had been sick. The judge denied the motion. He later filed a motion of appeal. The said motion has not been heard yet. It will take about 12 months. I have to sue him. He has insurance up to $ 300,000.00 This new lawyer must know legal malpractice law and ethics, and then,I got a slam dunk case. Anyone there who may have the right credentials to fit the job with the necessary experience in this sort of case on a contigency basis?
1 Answer from Attorneys
Not a slam dunk
This is hardly a slam dunk. to wim a legal malpractice case you must not only prove the malpractice but you must try the entire underlying case and prove that you would have won even if your attorney had been in court. It is impossible to tell how good your case is without a complete file review. However, based on what you have indicated, it is likely worth having someone at least look at it.
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.
