Legal Question in Legal Malpractice in California
Deliberate wrongdoing
I lost a collection action as a direct result of my attorney's actions. He refused to do anything to challenge forged and backdated documents submitted by the other side. Also, he made false statements in his closing arguments. His false statements obviated the need for the opposing party to present evidence as his statements constituted corroboration of the opposing party's unsubstantiated defense claims. I have always thought of malpractice as errors and omissions as opposed to deliberate wrongdoing. What type of claim would this be--malpractice? fraud? other?
2 Answers from Attorneys
Re: Deliberate wrongdoing
Sorry to be so delayed answering, but this never showed in my e-mail.
However, I think Mr. Arras has given you an extremely competent and comprehensive answer.
Drop it, and move on!
Re: Deliberate wrongdoing
It sounds like you instructed him to challenge the documents and he refused your instruction. An attorney is not obligated to do everything his client instructs him to do. The more important question is whether he had a basis for challenging the documents and, if so, why he did not do so. If he had a valid basis for challenging the documents, his failure to do so sounds like professional negligence to me, without knowing more. However, you have to also show causation; did his failure to challenge the documents actually cause the matter to be defensed? It is possible you had a loser of a case regardless of the documents-- further investigation is needed. As far as type of claim, it sounds like a professional negligence cause of action to me, unless you can prove that he intended to lose your case-- why would he want you to lose?
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