Legal Question in Legal Malpractice in California

Re: No Discovery

Three years is a long time for no discovery, and could be malpractice. I would need to know more facts to make a determination. In legal malpractice, there are two things that need to be shown:

1. That the attorney did not exercise the reasonable care or take the reasonable actions that an attorney in his area would have exercised.

2. That had he done so, you would most likely have been successful in the legal matter that you hired him to do.

If you would like to talk about it, give me a call at 925-924-0100

Re: No Discovery

You may have a case. Could you mail the lawsuit, court filings, and any letters/documentation you might have. The statute of limitations for malpractice is one year, but that is tolled while he represents you. I will provide you free consultation and may take your case against the lawyer on a contingency if I think it has merit and sufficient damages. You also must prove that you would have prevailed in the underlyning suit.

Re: No Discovery

It is not clear from your question as to whether the attorney did not do any "formal" discovery permitted by the Code, i.e., interrogatories, requests to produce documents, requests for admissions, etc., or whether there was no investigation at all.

The lack of certain types of discovery is not per se legal malpractice. The necessity of discovery will depend upon the facts and circumstances of each case.

No competent attorney will be able to give you an answer to your question that there was definitely malpractice. Any attorney that gives you such an answer is not one that you would want to represent you.

In order to determine whether there was malpractice you will need to have an attorney review your file. The file in your attorney's possession is YOURS, NOT the attorneys. You should request it and pick it up as soon as possible while contacting someone to review the file.

Depending on the type of case, the nature and extent and length of the file you may have to pay for an attorney to review the file.

Another potential issue involves the Statute of Limitations. This is the maximum amount of time the law provides you in which you have to file a lawsuit. Failure to file a lawsuit within the statutory period can result in the loss of any rights to sue the attorney. The statute varies depending upon the circumstances and when the attorney ceased representing you in the matter.

I would be happy to speak with you about this matter.

J. Caleb Donner

LEGAL WARRIORS (R)

805-494-6557