Legal Question in Legal Malpractice in Washington

Re: Recourse for lousy lawyer?

Whether or not you have been damaged is a question of fact for a court of law. However, it appears that your attorney has violated the Rules of Professional Responsibility by neglecting an entrusted legal matter. You should report the attorney to your state Bar Association, usually a division of the Supreme Court. The attorney would be disciplined, and possibly even lose his/her license to practice law if your allegations are true.

John Phillips

Phillips Law Firm, Inc.

9521 Montgomery Road

Re: Recourse for lousy lawyer?

I doubt you'll get much for the emotional distress,

but from the facts you gave, I'd estimate you are due

money damages from the lawyer; damages I believe

should be in this amount:

Take the length of time the probate with all its complexity

might have taken if worked on diligently (which in MY opinion

based solely on my experiences in Massachusetts with an

entirely different system of probate procedures, would exceed

a year -- 18 months to 2 years is normal). Then you take the

length of time, total, it actually takes including the calendar

time passed with your replacement attorney, and calculate the

difference. Apply that to the earning capacity of assets which

were not earning anything because of the perpetual imminence of

their sale!

Then add the fee you already paid him, less the difference between

what the second attorney cost you to finish and what he thinks it

would have cost you if he did it all himself, ... you get the idea.

Only ask for the difference between what it cost you and what it

should have cost you.

Good luck. By the way, suing attorneys is an expensive venture in

itself and often they can make it not worthwhile since the other side's

cost of battle runs, usually, lower than yours. It's also hard on anybody

to be involved in litigation.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.