Legal Question in Real Estate Law in California

I hired an attorney on a contingency basis and knew that he had previously been suspended by the Bar for not keeping his clients informed and generally not handling business. My case is a good one but other attorneys said they would simply feel bad about taking it because the only person to make money after the attorney fees would be the attorney. The case involves a real estate purchase, the seller presented the property as a fixer, and it was actually a tear down. He says I can name the sellers, the termite company, the listing agent, and my agent in the law suit. So I hire this guy thinking "he wants to get back in the game" and truthfully, I am all about second chances. A couple of months go by and he tells me he needs four hundred dollars to get the case going, and I give him the money. Three months go by and I hear from my real estate agent that the case has been filed and I never got a copy. It takes me two more weeks to get the copy, and everything he has said in the complaint isn't right. As a matter of fact, the statements he made in the complaint were not only false, but relieve the defendants of liability. He has only named the seller and termite company. When I asked him why he said because I signed a waiver, but at the meeting he had told me it didn't matter what I signed. There was a case management hearing and he didn't show up, and the set of interrogitories I gave to him were never provided to the propounding party. Now everything is an even bigger mess, and I am still broke as a joke, with no hope of getting money to pay an attorney. I really have no interest in creating a problem for this guy, he obviously already has problems, but I am at a loss as to what my next step should be. Please ....can someone point me in the right direction?


Asked on 10/26/11, 11:58 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I realize that your underlying case involves the sale of real property, but the better category for you to post in would have been Legal Ethics.

At this point you have a problem with your attorney, and it sounds as though your attorney is ruining your case. These problems can become worse if you do not get a new attorney, now. An attorney who does not go to court for a scheduled appearance is worthless and should not be practicing law.

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Answered on 10/27/11, 9:23 am


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