Legal Question in Legal Malpractice in California

Legal Mal Attorney Search Headache or Heartache

I have a complex legal mal action (as PL).

To preserve the statute it was filed in pro per. The same attorney who assited in preparing the complaint was whom I chose to rep the case.

The new atty has had my orignal files sitting in his ofc, not returning calls or emails for over 8-wks.

Today I demanded a response. His asst called, he's too tired up on a fed case to give my case the attn req. I was emotionally devastated!

A retainer wasn't sign. There was a verbal agr'mt.

The 60-days to serve has lapsed, and the status conf is less than 30-days.

I have no intent to serve or appear in pro per.

I can't understand when the case is already legal mal, how the new atty can do this. He knows I won't be able to retain another atty overnight.

Is there no conscious?

The former atty didn't only blow a case, but personally destroyed me emotionally and financially.

How can I successfully find another atty at this stage and one I can trust that won't cause further distress?

Is it too late to serve? What if I can't find an atty before the status conf?

I can't walk away. The former atty caused too much damage.

The legal mal case has already taken a toll emotionally and financially.


Asked on 9/30/06, 6:23 am

2 Answers from Attorneys

Alden Knisbacher knisbacher law offices

Re: Legal Mal Attorney Search Headache or Heartache

The complaint can still be served after the 60 days. If it's not served soon, the court will sanction your lawyer -- order that he pay a small fine. Keep track of the docket, and look for a new attorney. Good luck.

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Answered on 10/03/06, 6:38 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Legal Mal Attorney Search Headache or Heartache

The service problem can be fixed. Stop whining about being unable to get a lawyer and post the FULL AND COMPLETE details of why you think you have a legal mal case against Atty 1.

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Answered on 10/03/06, 7:39 pm


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