Legal Question in Legal Malpractice in California
Legal Malpractice Law
I hired a lawyer to represent me in my workmans comp. She then filed the claim againts my employer. One month later, the lawyer for my employer wrote us a letter and told me that I did not meet the criteria for such a claim (I was employed for only 4 months. I need to be employed at least 6 months to qualify for stress disability according to the labor code) any claim by me shall be meet with strong opposition.
Four months later, my lawyer told me that I don't have a case. It took her 4 months to tell me that, when she should have not taken the case in the beginning. She was also been told by the other party 3 months prior. She never contacted me or give me an advise about this matter. She doen't know the law when this case is her specialty.
I was very optomistic all along that I have a case when actually there is none. Because of this, I suffered about $20,000.00 of lost income for 4 now going to 5 months. I'am devastated by this and more angrier at her than my employer. She gave me false hope and wrong advise, because of ignorance of her specialty of law.
Do I have a malpractice case? Please advise.
4 Answers from Attorneys
Re: Legal Malpractice Law
It sounds as though the attorney investigated the facts of your case in order to determine if you had a case.
After investigation she learned that you did not.
I am not clear on what damage she caused you.
The facts of your case had nothing to do with your attorney. They are what they are.
Your attorney was hopeful and tried to help.
Did you give her any money?
Did you pay her to do some work she did not do?
Did she not do something on your case that caused you to lose a good case?
Did the attorney tell you to not go back to work even if you could because it would be better for your case to pretend to be to incapacitated and remain at home?
Depending on how you answer these questions will give one a better insight as to whether or not you have a case.
However, if you were merely dreaming of all of the money that you would make and elected to stop working because you were hopeful of a free payday then I would say that you do not have a case.
I would need more facts.
Re: Legal Malpractice Law
The question is, what is your damage from the attorney's malpractice.
Re: Legal Malpractice Law
The attorney is not responsible for how the law is written. Since you have been out of work because of a disability, she cannot be responsible for that.
If she has charged you for filing a claim and any other costs, she could be responsible for any cost you have incurred beyond what she would have charged to research the matter, and determine that you did not have a case.
It would seem that whether or not she had told you that you did not have a case immediately, your loss of work would have changed, unless you were staying off work purposefully in hopes of a monetary recovery. That won't help your cause.
Re: Legal Malpractice Law
No, if you never had a case to begin with then you have no damages
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