Legal Question in Legal Malpractice in California

I have two lawyers who committed legal malpractice. It was a real estate matter. Four parties involved: My realtor: Breach of contract, failure of fiduciary duty, Seller's realtor: breach of contract, Home Inspection company: breach of contract, and Seller and her son in law: for fraud: lied in disclosures about the work that was done, by whom and that it was done to code. It was done by amateurs and it's still a dangerous disaster. My realtor should have questioned the home inspection report because of what should have been apparent to him.

The first attorney filed a lawsuit without first trying mediation and lost me recovery of her fees. I gave her $88,000. and got nothing. At the advice of a friend I went to another attorney to get a second opinion.

I paid the second lawyer to review what had happened and if it was being handled right. He did not tell me the first attorney had lost me my right to legal fees. He said he was better qualified to run a trial and talked me into going with him. He charged me $110,000. and we settled out with the 4 parties for $50,000. I did not learn of the harm from the first attorney until we settled out in Sept. 2008, when I learned for the first time I had no right to recovery of fees. Of course this was critical information that would have impacted how I'd handled the case. He also let the clock run out on seeking recourse against the first attorney. I am a teacher, have spent my life's savings, and support 3 dependents. My two disabled adult children live with me and I have a teenage daughter.

A complaint was filed on both attorneys on August 2009. Is anyone our there available to help me as pro bono or out of the goodness of his or her heart?


Asked on 1/31/10, 7:10 am

2 Answers from Attorneys
Herb Fox Law Office of Herb Fox

You should have no problem finding an attorney to take this on a contingency fee basis or, perhaps, pro bono. You should contact the Santa Clara Bar Association's Legal Referral Service for a start; they will refer you to a local attorney for an initial consultation at no charge or low charge.

If you cannot locate and retain an attorney, please contact my office and I will try to help you do so.

You must act quickly, however.

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Answered on 2/05/10, 8:39 am
Daniel Bakondi The Law Office of Daniel Bakondi

I wont do it on contingency, but a partial contingency maybe. Please contact my office to discuss. Sorry this happened to you. All attorneys are not alike.

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

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Answered on 2/05/10, 10:26 pm


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