Legal Question in Legal Malpractice in California
Failure to Perform as Promised
Two yrs. ago I hired a family law atty. to represent me in court, and handle my QDRO, all for $3,000.
Over the next two years she told me several times my QDRO was being prepared.
I recently discovered she never filed a final court order after the hearing, nor was anything prepared on my QDRO.
She also refused to respond to phone calls and letters, yet billed me for them. ($60 to read a 3 sentence fax!) She just sent me another bill for $800, yet has done nothing. When I complained about the bill, she changed the amount to $0.
Her paralegal told me 2 wks. ago my atty. would charge me if I wanted her to complete the QDRO(?).
Needless to say, it has been a nightmare. Can I sue her for malpractice?
1 Answer from Attorneys
Re: Failure to Perform as Promised
First thing to do is find another family law attorney to finish the job. Then you could have an attorney review the prior attorney's bills to determine whether you got your money's worth. If not, then you could first make a demand of the attorney and, if that's not successful, arbitrate or litigate your fee claim based upon the cost differential.
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