Legal Question in Medical Malpractice in California

Erroneous legal advice

My attorney adviced me not to pay an employee owed wages because the employee owed the company money.(Against the law)The Labor Commisioner awarded the employee x10 the unpaid amount. Attorney has now hired a collection agency to collect funds for services rendered.(Wrong advice)

What are my options? small claims...


Asked on 5/10/02, 6:33 pm

1 Answer from Attorneys

Re: Erroneous legal advice

You can sue the attorney for malpractice if his advice "failed to meet the standard of care" for lawyers who handle employement law.

If the amount of damages the attorney caused you is less than $5,000, you may sue him in small claims court, where no lawyers are needed. If greater than $5,000, you can sue him in superior court.

D. Alexander Floum is an experienced attorney and a law school professor.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

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Answered on 5/10/02, 6:49 pm


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