Legal Question in Legal Malpractice in California

I have a question I paid a lawyer a 5,000 dollar retainer fee to handle my dui case. I went to go play basketball oversees and upon coming back the attorny did not do anything. I want to get my money back; however, the attorney died of cancer. What are my legal remedies. Can I get my money back in small claims from the attorney's estate. Or would I have to actuall file a malpractice case? Thank you

Cedric


Asked on 8/15/09, 9:33 pm

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

You have one year to make a claim against the estate. Write to the executor -- usually the surviving spouse -- and explain your situation. I would think the estate would prefer to resolve a claim like yours rather than engage in litigation. If there is no resolution within a year, then you can file your civil complaint. However, you should do something about your DUI case, too.

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Answered on 8/16/09, 2:02 pm


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