Legal Question in Legal Malpractice in California
i represented myself in a law suit as a planitiff recently.
the defendant's attorney gave me legal advice and her opinions on a lot of matters that influenced my decision to settle.
once the case was settled i discovered that what the attorney told me was not true.
My question is:
Is it legal for an opposing attorney to offer advice and legal advice to the opposing party i.e. me that influences the outcome of the case.
3 Answers from Attorneys
No. The opposing counsel should have not offered you legal advice which you were going to rely on. It is an ethical violation and you should report to calbar.ca.gov.
No it is not proper for the other side to represent both parties in a lawsuit. However the other attorney can clearly argue their case and present to you what the feel the law is etc. When y represent yourself you are held to the same standard as an attorney. It is your obligation to know what the law is.
He is going to tell you he was conducting settlement negotiations with you, not offering a 'client' legal advice. It is his responsibility to get his client the best outcome possible, including convincing you of the defects and weakness he claims in your case, and preying on your ignorance and fear. He owes no duty to you, other than to conduct himself within an attorney's ethical standards.
IF and only IF you can prove through credible admissible evidence that he actually 'lied' to you about a material fact or law would you have a basis for complaining about his 'ethics'. Even that wouldn't likely provide you grounds for appeal or motion.
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