Legal Question in Legal Malpractice in California

Re: Contract attorney liability

You can sue anyone you want. Whether you can prevail is another question. Usually, judges are unpersuaded by oral argument unless the law changes between the date the briefs are submitted and argument, or unless there are nuances to the case that the judge just didn't appreciate before the hearing.

Re: Contract attorney liability

I just found this in my mail box, and apparently I either wasn't notified, or skipped answering you.

Unfortunately, I cannot add to my colleagues answers. It seems to me, even though you can sue anybody, that you would be better off ignoring your bitterness and move on.

Most of use do the best we can all the time, but we sure don't win 100%.

Good luck!

Re: Contract attorney liability

Well, assuming you have actual and provable grounds for a claim of malpractice, sure you can sue. But, that doesn't mean that you're simply not happy with the outcome. There is a winner and loser in every hearing and trial, and losing doesn't mean the attorney was negligent; if it did, no attorney would ever take a case unless it was 'guaranteed', which none are. If you consult with experienced malpractice counsel and IF they agree the case was damaged or lost BECAUSE OF demonstrable malpractice, then consider suing, but only after discussing the situation with the supposedly negligent attorneys to see what they offer to remedy the situation. They might appeal for free, or compensate you something for your damages if they agree there was malpractice.