Lancaster, CA asked in Legal Malpractice for California

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.

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3 Lawyer Answers

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.

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