Legal Question in Legal Malpractice in California
A Witness (me) with Attention Deficit Disorder.
We had a bifurcated divorce issue on the validity of a pre-nuptial agreement. After a grueling Day #1, 9-day trial, I realized my Attention Deficit Disorder was affecting my credibility. My ex's attorney was vicious and my typically inconsistent memory was worse than ever.
Stress can makes an ADD brain very confused. I told my attorney I wanted to tell the judge about my ADHD on Day #2 and he threatened to quit the case if I did.
After we lost our prima fascie case and I read my transcript I was convinced my ADHD severely affected my credibility .
I wrote my attorney (who quit a week after our loss) and told him I wanted to re-open it before the time expired. He defensively refused.
My husband lied repeatedly, told a completely fabricated story, and won.
He is worth $25 million and we had a 15 year marriage and 2 children together. Almost none of that CP is mine.
There are other examples of evidence and witnesses who wanted to support me that my attorney refused to use--photos, diary entries and witnesses he all called "cans of worms" he didn't want to open.
Is this mal-practice?
1 Answer from Attorneys
Re: A Witness (me) with Attention Deficit Disorder.
A legal malpractice case is really two cases in one. You have to prove the attorney's negligence and you have to prove that you would have won the underlying case, but for the attorney's negligence.
We don't have enough information to determine either issue. I, or another attorney, would have to review the files to see first. If you would like us to do that, please advise.
Stan Lieber
818 888 1811
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