Q: Should I sue my former attorney for making a number of serious mistakes, which taken together, have seriously damaged my
personal injury case? I am presently one month from trial.
A:
a LOT more info is needed.
what did he do wrong?
lawyers can have different strategies and reasons for taking one road rather than another.
if he committed malpractice you can seek a lawyer who does legal malpractice.
you can always sue anyone, the question is will you prevail............and can you find a lawyer to do it on a contingency rather than an hourly.
A: You haven't suffered any damages yet from attorney malpractice. Your case is still pending. Whether or not the "mistakes" are actually below the standard of care is unknown, as is whether the "mistakes" will actually impair your recovery. You may actually have to take the case to trial, and suffer adverse consequences, in order to claim that a "mistake" has injured you. I'm uncertain whether you can make that claim after settling before trial.
A: You can sue your attorney, but you should first report his misconduct to the California State Bar, and find a new attorney. Sometimes, that can be difficult. You will also probably have to wait until your case is settled or has gone to judgment before you can file suit against your current attorney for malpractice.
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.