Legal Question in Legal Malpractice in California

I recently went to a settlement conference. My attorney only told me about it a week ago and I did not have the other parties' settlement briefs, nor did I know what their defense would be. This was a legal malpractice matter. My attorney was seeking $300,000.00 in settlement costs. He ended up forcing me to settle for much less, $50,000 of which he'll get 1/3. He also gave the other side's attorneys my property: my escrow file and other orignial documents. He did not prepare me for my deposition nor the settlement conference. I am very upset as I spent over $190,000 in legal fees for the attorneys who did the malpractice andI only got $50,000. Can you advise me if I have recourse now?

Sincerely,

Claudia


Asked on 10/24/10, 12:22 pm

2 Answers from Attorneys

There are a lot of facts that would need to be evaluated to provide an answer. The key question is whether there is a meaningfull likelyhood that you would have gotten a better result from any or all the attorneys had they not mishandled your cases.

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Answered on 10/29/10, 12:33 pm
Herb Fox Law Office of Herb Fox

This is a tall order, as you apparently agreed to accept the $50,000. To prevail in a malpractice action you would have to prove that your most recent attorney "forced" or misled you to accept that amount,and that you would have received more money if you had gone to trial. That is often speculative, but not always. If you are serious about challenging your settlement you need to act quickly and consult with another attorney in your area.

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Answered on 10/29/10, 8:07 pm


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