Legal Question in Legal Malpractice in California

Last July I hired an attorney for legal advice on how I could sue to collect the $28K that he owed me on a commercial loan that I had provided him as a commercial broker. We had a fully executed contract and when the loan docs arrived at Escrow, he said he would not pay me a cent. I then told him that I would not let the loan close if he was not going to pay me. My attorney on the other hand advised me to let the loan close and then sue him afterwards. She has turned out to be a paper lion and not wanting to sue. I asked her to sue for Specific Performance, Material Breach, Unfair Business Practices, etc. She said she wanted to try to work it out with the other party's attorney. He has played her like an old guitar and has delayed this for 8 months. She says he must be very busy. I should have went In Pro Per and saved the $4,400 that she had billed me so far. The $28K is in a trust account with my attorney. I want to report her to the CA Bar for never returning my calls or emails to provide me with updates. I have warned her before that I planned to do so. Now, I am no closer to resolving this matter and I want to fire her. What do you suggest that I do? By hiring another attorney may likely make it appear to the other party that I have weakened my position, which is not the case. I need an attorney who will fight for me and I also do not want to pay the $4,400 she has billed me for what she refers to as calling, faxing and emailing the other attorney. It is obvious that the other party would like me to spend my entire $28K on attorney fees. I have an attorney's fees clause in my contract but my attorney said the court would not grant it to me and that it would be sent to Arbitration where I would likely only receive 50% or $14K if I win. This is crazy since $4.4K has been billed for my attorney fees.


Asked on 3/15/14, 4:11 pm

1 Answer from Attorneys
Joel Selik www.SelikLaw.com

There is not quite enough facts to give accurate information so you may call me. A few comments. Replacing an attorney may not necessarily signal weakness, but in fact the opposite. Getting rid of weak attorney may show strength.

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Answered on 3/15/14, 5:35 pm


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