Legal Question in Legal Malpractice in California

Re: legal malpractice

If there is negligence [malpractice] and it caused you damage that you wouldn't otherwise have suffered, then yes, you may have a case worth pursuing.

Among your issues to deal with: you have to prove the negligence claim, generally through expert witness testimony from someone in that field; you have to prove damages by essentially putting on the underlying original case that the attorney was supposed to handle correctly, and win it; you have to have a defendant that you are suing who has either good insurance or personal assets sufficient that he won't simply go bankrupt against your claim; if YOU go bankrupt because of the judgment against you, then you could likely lose your right to pursue this claim, as it would become the property of the bankruptcy court unless you work out a 'deal' with that court to allow you to pursue it and give them a share of recovery.

With all that said, if you still think it is a valid case, I'd be happy to discuss the case with you.

Re: legal malpractice

You may send me an email about what the attorney did specifically wrong, exactly. I cannot say much at this point.

Best,

Daniel Bakondi, Esq.

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