Legal Question in Legal Malpractice in California
My PI attorney did not return phone calls for one year, during which time he did not interview the witnesses I provided, did not visit the scene, did not consult with accident reconstructors I had offered to pay for despite promising to do so, did not file a claim of any kind with any entity, and did not question an incomplete and self-contradictory police report. There were several pages of the police report missing, the pages with the witness statements. The attorney now tells me the police gave him the file incomplete, but he did not look into it any further.
finally after one year with no updates I gave him an ultimatum: give me an update or I would seek a different attorney. He quit the next day citing financial reasons.
I requested all my files and notes and he delivered only the incomplete police report and a few bills, but no notes, no witness contact info I had provided, no reports of work being done, nothing.
Now my case is virtually destroyed, one of the witnesses has moved away and new contact info is not readily findable. Skid marks and other evidence is long gone with the lawyer never having recorded it.
Should I sue my attorney? It seems like no lawyer wants to sue another for malpractice.
This had led me to think perhaps small claims would be my only recourse to get anything.
Any suggestions?
2 Answers from Attorneys
Before you go about suing the lawyer, you will have to take all reasonable measures to salvage the case. You might want to find a lawyer to handle the personal injury case before the statute of limitation runs (assuming he hadn't yet filed a lawsuit).
Mr Cohen is correct; unless you take steps to protect yourself, you will not have a case at any level.
Next, regardless of the statute of limitations problem, you should file a complaint with the California State Bar; its website has an online complaint form.
Finally, it is just not true that there are no attorneys who will take legal malpractice cases. Either your damages are not significant (i.e., small claims level) or you have not searched hard enough. If you have a significant (and provable) claim, you will not have a problem finding a lawyer to sue your former lawyer.
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