Legal Question in Legal Malpractice in California

Lawyer getting judgment on senior for no service.

I was involved with a lawyer on a probate. His estimate of $2000 or $3000 ran up to over $37,000 based on a moot claim for back rent that he filed, and billing me for unrelated items. The claim was moot because there was nothing to collect from after all the liens on the house were paid. I feel he either knew this or should have known this. Another lawyer told me it was a foolish move because of the other liens precedence. All the lawyers involved (except for the Attorney for the Administrator of the Estate) received less than $5000. I paid this lawyer $5200. I only have Soc. Sec., so now he is seeking a judgement from my 87-year-old mother who had no dealings or contract with him. She has a low income, but has a small savings and owns her home. Her only connection to this is that she held 2 Deeds of Trust for money I owed her, which were paid from the sale of the house. The house I half owned was the only thing in the estate. We are having a hard time finding an attorney to stop this because the lawyers I talked to know this man's reputation for running up bills and said it could get very costly. I have sent him 4 letters trying to settle this but he doesn't respond, which he is also known for. I see this as extortion.


Asked on 1/15/07, 5:38 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Lawyer getting judgment on senior for no service.

Contact the court where the matter was heard, and the State Bar of California, for help in getting mediation of the matter. It is amazing how attitudes change when they get involved.

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Answered on 1/19/07, 3:18 pm


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