If you suspect that your attorney has caused a problem in your case or otherwise given you advice that caused a problem in a non-litigation matter, make an appointment to discuss the matter with him. Prepare for the meeting by writing down all the questions you want answered or concerns you may have. Give your attorney the opportunity to explain what happened. Be ready to ask follow-up questions. For example, if your case was dismissed by the court, ask the attorney why and how that occurred. Ask for a thorough explanation so you can plan your next step. If you believe that your attorney did something wrong, you should obtain your file.
If you suspect negligence, consult a legal malpractice attorney to evaluate your case. He/she can assess and advise you whether your situation constitutes malpractice or whether you just need to hire a new attorney to replace the one now representing you in your current case, Sometimes it’s just that easy.
If advised by your legal malpractice attorney that your matter doesn’t constitute legal malpractice at this time, but amounts to an ethical dispute with your current attorney, you should file a Complaint with the State Bar.
If your case is over, you are entitled to your original file from your prior attorney. The only documents the attorney can withhold are those that reflect the attorney’s thought processes, such as internal memos. If the case is not over, you should ask for a copy of all pleadings and discovery documents. The attorney obviously has a right to make copies for his/her retention. This is at his/her expense, not yours. Even if you owe the attorney fees and costs, the file must be given to you.
Now is the time to return to your second opinion attorney or find someone else. The law governing legal malpractice cases is complex, and it is essential that the attorney has experience in legal malpractice. For the appointment, you should bring the file you obtained from your former attorney, as well as all papers and documents you gave the attorney or received from him/her. Don’t have the file? Don’t worry, once you have retained the legal malpractice attorney he/she can obtain the file through discovery in your legal malpractice case. Be prepared to ask the new attorney about his/her experience: How many legal malpractice cases have you handled and how many have you taken to trial. Don’t be afraid to interview more than one attorney. What is important is that you are confident in the attorney’s ability and comfortable talking with him/her.
With the help of your legal malpractice attorney, you can file a lawsuit against your lawyer. This will require proving that the attorney’s negligence resulted in collectible damages.
If you’ve been injured in an accident, harmed by unsafe property conditions, or wronged by a negligent attorney, don’t wait to protect your rights. Evidence disappears quickly, and strict time limits apply to every case.
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Not every lawyer delivers the representation clients deserve. When attorneys fail to meet deadlines, provide inadequate advice, mishandle cases, or create conflicts of interest, the consequences can be severe. At Traut Firm, we are among the few firms in Orange County that specialize in legal malpractice litigation. We hold negligent lawyers accountable, helping clients recover damages for the harm caused.
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