Legal Question in Legal Malpractice in California

Re: Attorney was disiplined

I'm so sorry that this happened to you. This should not have happened and makes other attorneys look bad.

Are you absolutely sure that the case can't be resurrected under any theory? If not, then certainly you will have a case against that attorney. In attorney malpractice cases, you first would have to prove that you would have won the original case before you get to whether the attorney committed malpractice. Obviously, it might be easier to prove the malpractice case than the underlying case. However, if she had insurance, perhaps they'd be willing to settle for a reasonable amount after some back-and-forth. Good luck!

Re: Attorney was disiplined

You have one year to file a complaint for malpractice. The one year may start on the date the complaint should have been filed. These cases are usually taken on a contngency fee. You should discuss your case with an attorney experienced in attorney malpractice as soon as possible to protect your rights. Please call my office for a free consultation.

Re: Attorney was disiplined

IF you are now less than one year from when the statute of limitations expired on your case, then you can sue the attorney. To have a good malpractice lawsuit, you have to prove the attorney negligence [which seems easy here], and prove the underlying case they were supposed to file. IF the case was actually good to start with, then the real issue is whether the attorney has insurance, or if not, then whether she has any assets to collect against. Feel free to contact me to discuss the facts. I'd be happy to help you.