Legal Question in Legal Malpractice in California

Lawyer Negligence

I've paid my attorney more than $3000. to date.

My attorney has

(1) breached his contract by not furnishing me with a monthly billing (2)failed to pay jury fees although he was in possession of my $2500.retainer fee (3) accepted a response to our Complaint 3 months after the Complaint was filed (4) granted the defendant an additional 6 months to attempt to dismiss our case (5) failed to inform me of results of hearings that were unknown to me (6)offered to refund to me monies I have paid him if I would agree not to pursue a legal complaint against him.

Can I sue him? Will you recommend a lawyer in the Bay Area(Berkeley, Oakland,Emeryville,San Leandro, San Francisco, Albany or El Cerrito?


Asked on 6/28/06, 5:25 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Lawyer Negligence

You don't mention the outcome of your case, or whether it's pending. If still pending, hire an attorney in an attempt to get it back on track. The most serious of all of the events seems to be the failure to post jury fees, thereby possibly prejudicing your case (i.e. no jury trial). The failure to send you a monthly statement doesn't sound serious, at all. Also, an attorney is responsible for strategy in a case. So, he/she might have had good reason for many of the acts of which you complain.

To prevail in a legal malpractice case, you would have to show that, but for the attorney's negligent conduct, the result would have been in your favor (or more favorable). That often is a very tough task. Good luck to you.

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Answered on 7/05/06, 4:31 pm


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