Legal Question in Personal Injury in California

Re: Attorney did not follow through on our case, is this malpractice?

Run, don't walk, to your lawyer's office and demand to see your file and be sure that a suit has been filed or will be filed before the year is up. Hopefully, the defendant is not a governmental entity that may have had other requirements that have not been met. If you can't get suit filed timely contact a lawyer to prepare and file a complaint onyour behalf. All that the the lawyer will need is the date, location and name of the defendants with minimum facts to get the complaint drafted. File it and get a new lawyer in your area (check the attorney out with friends or acquaintences, if possible). While your lawyer may be guilty of malpractice, you don't need another lawsuit.

I will be happy to respond to your phone calls if you need further information.

Re: Attorney did not follow through on our case, is this malpractice?

Ethically, the attorney is violating his obligation to communicate with you. However, being as the attorney has communicated with you throughout most of the case, I'd say that the ETHICAL violation is not serious.

At this point in your case, unless the attorney fails to file suit on time, there is no "liability" upon the attorney.

If I were in your shoes - at this point in your case - I would send a certified letter to your attorney expressing your concerns about the lack of communication in the last month AND your fear that the case will not be filed by the statute of limitations.

Good luck...

Re: Attorney did not follow through on our case, is this malpractice?

It's an 'X' the box complaint. Get the damned case filed. There are plenty of attorneys that can do the complaint for you. It's imperative that you stop the clock. It's much better to file the case twice. Than to fail to comply with the statue of limitations. Attorneys in California are not required to carry mal-practice insurance. So let the statute go by at your own peril. I do personal injury cases, so I know this area of the law, don't delay. Focus on what is important. Get the case filed.

Re: Attorney did not follow through on our case, is this malpractice?

If you have time, consult with another attorney immediately and make sure that the new Att'y files a lawsuit in a timely fashion. I would also go to your present attorney's office during business hours and speak with whoever is available. If all else fails, and the Att'y fails to file a lawsuit within one year of the date of the accident, you likely have a claim for legal now practice. However, you do not know if this attorney has malpractice insurance or any assets that you can pursue. Therefore, your best bet is to go to another attorney immediately.

Re: Attorney did not follow through on our case, is this malpractice?

Yes, if he missed the time limit to file.

Joel Selik

800-894-2889

www.4thelaw.com/services2.html

Re: Attorney did not follow through on our case, is this malpractice?

Check your retainer agreement. In California, if the attorney does not have a malpractice insurance, he/she is required to state it in the retainer agreement.

Nevertheless, there is still time to get this case filed. So do not sit on it. It will be lot easier to prosecute the PI case then it would be the malpractice case.

Why? in order to prevail against the attorney you first must prove that the underlying PI case was meritorious and a had a good probability to prevail. Get the PI case filed ASAP.