Legal Question in Legal Malpractice in California
My lawyer told me ha had handled medmal cases and was experienced in them, but 5 min before court he informed me this was his first medmal trial. He also did not get my witnesses on the witness list, and even went as far as to undermine our own expert witness in his closing arguments. Had me stay in a hotel with him and his girlfriend while I slept on the couch during the trial. He had 3 yrs to prepare and waited until the last minute. He let the defense slander me with no basis or proof. The settlement was far below fair, I will not accept it. Is there a lawyer or a civil liberties group that can help me?
2 Answers from Attorneys
Sometimes the only defense available is to trash the plaintiff. Depending on its nature, juries might not like the bad-mouthing. I don't understand what you mean by "settlement." If there was a verdict, that was the jury's decision and not a settlement. If you believe that there were several prejudicial errors made that would have assisted your case, an attorney might consider filing a motion for a new trial on your behalf. However, there are strict time limits in which to do that. If that fails, then you might bring the entire case file, including transcripts of the trial, to an attorney who handles malpractice cases for review. Don't expect a quick answer, though, especially since the case was in litigation for three years.
To start with, file a complaint with the State Bar, at www.calbar.ca.gov if this was a California attorney and case (your zip code is Portland, OR). Then contact a legal malpractice attorney in the area where this attorney practices. If you would like a referral, feel free to contact me.
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