Fontana, CA asked in Legal Malpractice for California

Q: How do I file a lawsuit on a person that represented himself as a lawyer and mishandled my car injury lawsuit.

He won't give me a copy of my case or medical file. I then after looked up his name and it didn't appear on the California bar website.

Related Topics:
8 Lawyer Answers

A: I think you would report this action to the Califnornia Bar, the same website you checked, they should have a hotline or phone number for you to call to report the action and that he would not give you back your file.

William John Light and Dale S. Gribow agree with this answer

A: Assuming this really is a crook practicing law without a license, in addition to the California State Bar, you can make a police report, and you can file a civil suit. Perhaps most importantly, contact a personal injury attorney to see if there is still time for you to file suit for your injuries (or take over the case if the fraudster actually filed suit).

Dale S. Gribow and William John Light agree with this answer

A: You should do everything Mr. Dorfman said. You can get a copy of your own medical records. You should also check the Superior Court records for the county you live in to see if an actual lawsuit was filed. When you have the consultation with a REAL personal injury attorney go over all the items suggested to you and good luck.

William John Light agrees with this answer

A: It is against the law to practice law without a license. File a complaint with the State Bar. http://www.calbar.ca.gov/Portals/0/documents/forms/2015_UPLComplaintFormrevised4-10-15.pdf. It's unlikely that this person has assets to collect in the event that you win a lawsuit against him. However, if you want to recover up to $10k, the easiest way to do it is to file in Small Claims. http://www.sb-court.org/Divisions/SmallClaims/TurboCourt.aspx. You would need to prove that, due the negligent actions of the "lawyer", you lost your case. Without knowing your case and what this person did, it is impossible to say whether you would win.

A: Though this does not happen often there are some people who represent themselves as lawyers when they are not license in California to do so.

Sometimes they are lawyers in other states or suspended by the State Bar of California.

In either event contact the California State Bar.

They will initiate a prosecution of the person by the State Bar and the District Attorney's Office will file a felony charge of practicing law without a license.

A: Of course you should contact another license attorney for that state to see if they can still file a lawsuit or if already filed to take over your representation to protect you.

A: If he is not a licensed attorney, he may not be subject to the actions of the State Bar, but may have committed a crime. The State Bar should be able to give you some direction. He is legally liable for damages caused by his misrepresentations, nonetheless. There are many facts that need to be determined before a conclusive opinion can be given, so you should speak with a lawyer in your jurisdiction, without delay.

A: REPORT HIM TO THE BAR AND HOPEFULLY THE DA WHO WOULD FILE CRIMINAL CHARGES AGAINST HIM/HER.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.