Legal Question in Legal Malpractice in California
The Management Co. which runs our mobile home park was cited for dumping a 20ft dumpster filled with asbestos directly in front of our homes. It was entirely uncovered, the surrounding neighbors were not notified, and a fine dust gathered on our homes, vehicles and windows in the immediate area. The EPA was involved, and the defendants were fined $27,000. There were over a hundred witnesses which dispute the Management Co's claims that the dumpster in question was in front of our homes for "one day". This is absolutely untrue, it was there at least two weeks. The EPA report stated the amount of asbestos in the air and soil was many times the acceptable level, making it unlikely it was there for "one day" as the defendants claim (and the collection of dust gathered on nearby objects also suggests this). Unfortunately, were were not notified about any of this until AFTER this dumpster was removed, meaning we had no ability to gather photographic or video evidence of the fact, and were left with our word against that of the defendants. Further, our attorney, with over a hundred eyewitnesses, an EPA report, and the noted subsequent fines failed to win our case, and as a caveat was then disbarred. The defendants now request massive legal fees from the victims in this case, most of which are elderly. We believe our lawyer mishandled our case, and that this is a travesty that the victims must pay the defendants for their actions. Can we fight the legal fees, and or find our attorney liable for the fees? Collectively we feel victimized by the justice system, and now must pay for being essentially poisoned. There was a youtube video of one of the news reports covering this story, as well as various websites such as this one: http://www.weitzlux.com/asbestos-greenfield-mobile-home-estates_1650375.html
What can the residents do in this case? We were underrepresented, our lawyer subsequently disbarred, and we are left holding the bill. HELP!
1 Answer from Attorneys
You describe a situation that went from bad to worse to worst.
The HOA's options at this juncture, however, depends in part on timing and other factors. It is not clear when you lost the case against the Management Company, the basis for the claimed attorneys fee award, and whether that award has already been issued or is still pending. Nor is it clear whether your attorney's disbarment was related to this case, or whether that attorney had (or has) malpractice insurance, and how much time has passed since that attorney last performed services for the HOA.
The answers to these and other questions affect, among other things, your rights to appeal from the adverse judgment and/or attorney fee award, and the recourse you may have against the trial attorney.
I am a certified appellate law specialist with 23 years of experience in civil appeals. Because of the nature of my work, I also frequently deal with clients' claims of malpractice by their trial attorneys. More information about my practice can be found at: www.OrangeCountyAppeals.com.
I would be interested in speaking to a representative of the HOA to get more information about the nature of the case, such as that described above. With that information I might be able to assist you or point you in the right direction. Please call my office at 800-988-4807 for a no obligation consultation.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication between the user of this Web site and the Law Office of Herb Fox shall remain confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.
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