Legal Question in Legal Malpractice in California
S/L blown by atty, but filed pet to compel arb?
Involved in slip and fall in major market chain in 10/03. Atty retained in '03 but failed to file by 10/05. In 8/06 he filed Pet. to Compel Arb (ccp 1281.2/1290) with court stating that since ins carrier had prev. agreed (adjuster then left company) that they should be held to it.Does that even matter? If s/l ran, is there any other remedy avail or is Pet. OK? He isnt into communication. Should I just seek malprac counsel?? Please advise. Thx.
2 Answers from Attorneys
Re: S/L blown by atty, but filed pet to compel arb?
Would need more information. It sounds like the Arbitration will go forward and, therefore, you may obtain settlement or verdict. If you can do an arbitration, you may not have any recourse against your attorney.
Re: S/L blown by atty, but filed pet to compel arb?
Yes. Blowing the statute is automatic malpractice. It doesn't sound like the arbitration petition is going to go anywhere (and a jury trial is what you wanted, not an arbitration). Contact another attorney to help you get your complete file from attorney #1, and go from there. File a complaint with the State Bar of California (www.calbar.ca.gov).
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