Legal Question in Legal Malpractice in California

My attorney told me that he needed $10,000 for experts. I paid him the money specifically for that purpose as noted on the check. He cashed the check but failed to obtain the experts for trial, which we lost. Is this malpractice?

Asked on 1/08/11, 9:51 am

2 Answers from Attorneys

Jonathan Reed Reed & Mansfield

It could be malpractice. To win a malpractice case you have to prove you would have won the underlying case if your attorney had used the skill and care expected of him.

However, you may also have a claim for breach of contract or fraud.

I would be happy to take your phone call at 702-343-0494.

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Answered on 1/13/11, 10:16 am
Robert F. Cohen Law Office of Robert F. Cohen

You might also be entitled to a refund of the $10,000. You might send a certified, return receipt letter to the attorney demanding the refund and an accounting. In addition, you might request a non-binding arbitration regarding fees and costs.

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Answered on 1/13/11, 11:28 am


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