Legal Question in Real Estate Law in California

mal practice

I hired an attorney to do a loan mod. based upon promises him and his associate made to my wife and I, we paid $3500 6 weeks ago we feel he is not representing us at all.

Any possible recourse?


Asked on 8/01/08, 7:11 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: mal practice

Promises? Read The Friendly Contract.

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Answered on 8/01/08, 7:21 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: mal practice

There are many getting scammed via loan mod deals. You may have a case. Email me if you want to discuss.

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Answered on 8/01/08, 7:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: mal practice

In my humble opinion, your lawyer may not be performing up to your expectations but you have not mentioned anything that even closely resembles malpractice. Delay in producing results seemingly needs to be measured in years, not weeks, before you possibly have a case (not my opinion as to what's right, I'm merely saying what kind of delay gives you a suit you could bring and expect to get a judgment or favorable settlement.

You should frequently and perhaps loudly mention your impatience and insist upon frequent communications, plausible explanations and well-reasoned timetables, but malpractice suits to be winnable on the basis of delay alone, rather that exercise of bad judgment to the client's obvious detriment, require a showing of harm attributable primarily or solely to the delay, such as missing a deadline (statute of limitations, option expiration, etc.).

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Answered on 8/01/08, 10:38 pm


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