Legal Question in Legal Ethics in California
Auto accident case
I have hired a lawyer but he has not filed the case yet. In september 08, it will be the 2yr. limit to the time to be able to file. If he doesn't file is there any legal action I can take against him?
3 Answers from Attorneys
Re: Auto accident case
Um ... I respect Mr. McClure's opinion, but it's incumbent on you to take action now. Find another lawyer to take the case. That lawyer will have you sign a letter to the other lawyer requesting your file and terminating his services. There's plenty of time to file the lawsuit. Thus, a malpractice claim won't fly, since you know he hasn't done anything and you can do something positive about it. Get another lawyer now!
Re: Auto accident case
Sure, if he blows the statute his inaction could be grounds for a malpractice claim.
Re: Auto accident case
Mr. Cohen is correct.
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