Legal Question in Criminal Law in California

Filling Criminal Charges

After suing my attorney for legal malpractice, I was kick out of the court room because I wasn't able to afford an expert witness,case dismissed.No Money-No justice.What are my chances to fille a criminal charges against this attorney,and is there a statue of limitation in my case, and could I fille it on my own?


Asked on 2/24/05, 1:48 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Filling Criminal Charges

An Individual cannot file a criminal complaint, only the district attorney can do that. You could file a complaint with the state bar association.

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Answered on 2/26/05, 1:57 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Filling Criminal Charges

As Mr. Johnson says, only the government can bring criminal charges. Besides, I don't understand what crime you think your lawyer committed. Even if you are right about the malpractice you alleged, malpractice is not a crime.

And the court had no choice but to throw out your malpractice case if you had no expert witnesses. In order to win a malpractice case you have to show, among other things, that your lawyer's performance was substantially below the standard for attorneys in his area. In order to prove that, you need to show what the standard *is*. You can't testify competently about that issue, so you need someone who can. That someone is an expert witness. If you have no expert you can't prove your case and therefore can't win at trial, so the court was right to throw your case out rather than waste everyone's time on a trial you could not possibly have won.

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Answered on 2/26/05, 5:01 pm


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