Legal Question in Legal Malpractice in California

I had to fire my attorney of 2 years for negligence and misconduct in a medical Malpractice/Tort/Battery case that I have filed. He was also handling my Workman's comp case which he let fall through the cracks and while he kept telling me that it was active, I only last month found out that it was in fact not active. They had dropped the ball, not responded to a letter and the case is now closed on that one.

In January I had a deposition (I was not aware of) and got a call 15 minutes before I had to be there informing me of it. They gave me the wrong address but thankfully I still found it. It lasted 4 or more hours, I was not prepared in any way, shape or form for what I was about to go through. Knowing I have PTSD, Agorphobia and Severe Anxiety he kept leaving me alone after not allowing my husband to be in the room with me. Told the other lawyer in the deposition that I had a workman's comp case open after I said I did not know, when I was asked.

I fired him just after this incident. He then contacted the other attorney in the case to notify them of the change. (I do not know what else he might have told them) He contacted my new attorney asking them if they ever heard of me or if I was lying!?! He will not give me a copy of the contract he says I signed which I know I did not! (I have a witness to this) The only contract I signed was for the Workman's comp case and not the Tort case. He was supposed to send it to me to sign and never did. I have asked for a copy of both to show they are one in the same with one thing changed but I can't get them.

In the 2 years that he had been my lawyer I couldn't get him to return an e-mail or phone call to save my life. Now that I fired him and hired a new attorney they need to file the paperwork on change of attorney which was held up by my old one until the 7th of February! I didn't get the e-mail from my attorney till the 8th and mailed it out on the 9th. So by the time the paperwork got to my new attorney he was on vacation until AFTER my old attorney scheduled himself to go infront of the judge.

I just recieved an e-mail stating that he is going to court to be removed as my council but I do not trust him not to try and ruin my case any more than he already has so unless my attorney's associate tells me otherwise I am planning to be there to let the judge know why I am removing him as my council. Is there anyway to stop him harassing me? Would these things be grounds to alert the bar association? I recently found out he was suspended TWICE for misconduct and other reasons, I didn't know before hand because he is using a differant name than the one that he was suspended under. I was never informed of this but it is one more reason that I can not trust him.

HELP! I can't sleep, I am worried he is going to try and have my case thrown out or something worse! :(


Asked on 2/20/11, 7:29 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I doubt that he can do any more damage to your cases. At the hearing to be removed as counsel he does not have to say anything negative about you; you can appear and ask the court to allow the substitution of attorney on the basis that you do not trust him, feel he has not acted in your best interests, will not communicate with you, etc. You do not have to go into much if any details. If he says anything harmful to your case you cana object. You should start by telling the judge why the substitution of counsel papers have not yet been filed.

As to the WC case, you should be able to restart it. It likely has not been close as opposed to nothing being scheduled. Contact the Board that is handlilng the case and ask what its status is.

I do nopt see any grounds to claim he is harassing you. His other acts are irresponsible and you could report him to the state bar, including for using a different name to mislead clients. He also has to have a contract with you for the tort action.

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Answered on 2/20/11, 8:00 pm


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