Legal Question in Legal Malpractice in California

2 million dollars lost atty failed to do his job correctly

i hired atty to collect 2m tort judgements. conflicts, he was my employer, landlord. had his employee appointed receiver over 2 real estate commercial properties. receiver did not collect rents,i told him that there was bank fraud involved, presented evidence. he wanted to change our 70/30%

he wanted 70%. he refused to sub out of cases. he now represents the client that owed me 2m. total conflict. good news--he has money and real estste in excess of 4 million

so any judgment is collectable

i was a paralegal before i was paralized.


Asked on 6/12/04, 2:24 am

4 Answers from Attorneys

Re: 2 million dollars lost atty failed to do his job correctly

It sounds like the attorney really screwed up. A conflict such as you have described where the attorney is now representing the other side in a matter where s/he previously represented you in the same matter is a no-brainer.

With respect to the rest, it will all depend on what damages resulted from the attorney's actions. You have potential recourse.

I would be happy to discuss this matter with you. You can contact me to set up an appointment or chat directly with me from my web-site www.legalwarriors.com.

J. Caleb Donner

DONNER & DONNER

LEGAL WARRRIORS�

325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]

website: www.legalwarriors.com

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

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Answered on 6/15/04, 7:49 pm
Terry A. Nelson Nelson & Lawless

Re: 2 million dollars lost atty failed to do his job correctly

An attorney is not allowed to represent conflicting parties, obviously. So, if he has really done that, you can complain to the State Bar, and possibly bring an action for damages suffered. In any event, if you have a judgment, it can be collected by another attorney, who can get the court to remove the prior attorney if necessary. Contact me if interested in discussing the actual facts and options available to you.

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Answered on 6/15/04, 8:45 pm
Steven Kuhn Steven Kuhn

Re: 2 million dollars lost atty failed to do his job correctly

Your facts are not clear. However, it is clear that the attorney is charging an unconscionable fee. Additionally, he has a clear conflict of interest. The issue is whether or not his actions have caused you damage. It is possible you can still collect on the judgments and keep this attorney from representing the other party. Seek the advise of competent counsel.

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Answered on 6/16/04, 11:08 am
Larry Rothman Larry Rothman & Associates

Re: 2 million dollars lost atty failed to do his job correctly

We can help you in this matter, but we need to review all documents and court pleadings that you have. We take cases on hourly basis, contingency, or sometimes on a combintation. Please contact our office for review of these documents. 714 363 0220

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Answered on 6/16/04, 11:29 am


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