Legal Question in Legal Ethics in California

Re: attorney malpractice

You could go to small claims court, but you also would have to prove that you would have won the underlying claim. So, you would have to bring your witnesses regarding the original claim with you to court. You might be entitled to more than $7500 -- the small claims court limit -- if it involved an accident, since you might be entitled to payment for pain and suffering (depending on the type of case it was).

If you were to go to small claims court, the lawyer will probably not stipulate to a hearing by a lawyer sitting as a temporary judge, and you will cool your heels until a courtroom and real judge become available.

Why don't you send a demand letter to the lawyer. More than likely, if the lawyer has insurance, the deductible will be worth just settling the case.

Re: attorney malpractice

The first question is what kind of lawsuit was the original: contract, auto accident, real estate, property damage, negligence, etc.???

I would need to know what we are dealing with, before answering.

As Mr. Cohen points out, Small Claims, may or may not be the answer---again depending on the missing facts concerning the original situation.

Ditto, as far as time limits. Sometimes time limits, called Statutes of Limitations, are totally different, depending on the underlying facts, so again, this cannot be answered without more information.

The State Bar, as well as disciplining attorneys for improper conduct, also has a fee disputes committee, which may help you if the time limit (Statute of Limitations) has passed on the underlying action.

Sorry to be so vague, but I need more facts to answer.

Please feel free to e-mail, or call, my office if you need more.