Legal Question in Legal Malpractice in California
Hired divorce attorney billing large sums of money and failure to perf
I hired a divorce attorney July 2003 to just close my Dissolution of Marriage case and secure me enough child support as stated by CA law to ''maintain the family's standard of living.'' My case was entering into its 4th year open with the courts, stagnated. This attorney made promises and none were kept (filing for child support orders, Property Settlement, filing motion to go to court to close case). I had finally received my court ordered arrears for my temporary child support orders(04) and my attorney stopped it because he wanted a side deal for additional attorney fees when he just received $25,000.00 (Borston Motion) two months prior! I have lost my professional license, my business, my home, my credit rating, and I am broke because of this attorney! I am a mother trying to raise to small children. Now he is demanding $35,000.00 more or he is closing my case for failure to pay (our agreement was my husband pay the attorney fees after I paid all that I could). He hasn't fulfill his agreement to compensate for the $30,000.00 plus he has already received! What can I do? I am broken financially and mentally behind him.
1 Answer from Attorneys
Re: Hired divorce attorney billing large sums of money and failure to
To the extent that you are disputing your attorney's fees, you can initiate a fee arbitration by contacting the local county bar association. A claim for damages will require hiring legal counsel and filing a legal malpractice action.
The general rule is that you must file an action for legal malpractice within one year of the time you discovered or should have discovered the alleged malpractice. In some situations, the start of the one-year time period can be tolled (delayed) during the time the attornney still represents you on the specific issue.
Lawsuits for legal malpractice require you to have an expert in family law expert testify that your attorney's conduct fell below the standard of care. Some lawyers who handle legal malpractice cases will work on a contigent fee basis, so you should be able to find someone who will take your case.
Contact another lawyer immediately to protect your rights. I do not have enough information to evalute how much you have left, if any, to file a claim for legal malpractice.
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.
