Los Angeles, CA asked in Legal Malpractice for California

Q: lawyer failed to address plaintiff under the influence of alcohol and opiates and comparable negligence. Malpractice?

Charged with leaving the scene. Plaintiffs injuries were soft tissue a sprained elbow. I had full coverage insurance. Suing now in Civil court and in mediation agreement want $140,000 or a lien on my home. I told both my Criminal and Civil Atty I wanted to go to trial. My phone calls would go unanswered and options never offered. If I had proper representation in the Criminal case would there be a Civil case under comparable negligence in Ventura County California?

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1 Lawyer Answer
William John Light
William John Light
Answered
  • Legal Malpractice Lawyer
  • Santa Ana, CA
  • Licensed in California

A: This is the jury instruction for legal malpractice against a criminal defense attorney:

"[Name of plaintiff] alleges that [name of defendant] was negligent in defending [him/her] in a criminal case, and as a result, [he/she] was wrongly convicted. To establish this claim, [name of plaintiff] must first prove that [he/she] was actually innocent of the charges for which [he/she] was convicted."

https://www.justia.com/trials-litigation/docs/caci/600/606/

So, unless you were actually innocent, you have no claim, regardless of your dissatisfaction with the conduct of your defense.

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