Legal Question in Legal Malpractice in California

There was undoubtedly LEGAL MAL by a UNION-assigned atty. Should litigation be filed against the UNION, too? For fraud? Personal Injury?

I filed pro se against the attorney & DOES to toll the expiring statute. For the union, that wouldn't be legal mal, right? Would it be considered fraud? Personal injury? Based on the Memorandum of Understanding, the union provided that atrocious effort. There is an underlying case which isn't resolved yet.


Asked on 11/26/21, 6:18 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

The union can't commit legal malpractice. It's not a lawyer. It's only fraud if they lied to you about something. Personal injury is physical harm to your body; malpractice is not personal injury. I don't see that you have a case against the union for the attorney's malpractice, unless the attorney was an actual employee of the union, not just hired by them, or if you have evidence that the union knew the attorney was totally incompetent and hired him for you anyway.

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Answered on 11/27/21, 12:10 pm


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