Legal Question in Legal Malpractice in California
My lawyer failed to tell me that if I closed out a large retirement account that the taxes would be tremendous. Is this malpractice? Is it tough to prove? Thanks, Victoria
1 Answer from Attorneys
To determine if conduct is probably malpractice one has to know most of the facts of the case. Was the attorney giving investment or tax advice, could you reasonably believe he/she was knowledgeable about the subject, what knowledge did you have, where was the account located and to the trustee warn you. You should prepare, for the purposes of litigation and consulting with an attoney, a chart listing the signiciant events, their date of occurance, copy of account agreement, correspondence from you and the attorney , and e-mail to malpractice attorney who over the phone expressed an interest taking the case