Sun City, CA asked in Legal Malpractice for California

Q: If we have to sue for legal malpractice is there lawyers that work on contingency for cases like this?

The current law firm just handed our case over to another law firm 16 days before the statue of limatations will be up for a personal injury case (automobile accident) I have been contacting the new law firm and they don't answer their phone. Times ticking and I have no idea what to do?

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3 Lawyer Answers
William John Light
William John Light
Answered
  • Legal Malpractice Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Call another firm. You don't have a malpractice case yet because the statute of limitations has not yet expired.

Gerald Barry Dorfman agrees with this answer

Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: You may have a malpractice case if the lawyers who abandoned you sent you to another law firm, and that new law firm failed to protect you from the statute of limitations by filing an action. There could be a dispute on this between the two law firms. As a general rule, attorneys want to handle good cases, and these attorneys may have concluded that you didn't have a good enough case. If neither firm told you that they would file suit for you before the statute of limitations runs, and didn't do it, you may be suing two attorneys. I am not a malpractice lawyer, but I would think that any firm that says they are going to represent you, and then bails out at the last minute, has committed malpractice. In the meantime, call some other lawyers who are actually interested in your case. It is more difficult to do that when the SOL date is quickly approaching, but with luck you will find one.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: much more info needed.

your initial lawyer had an obligation to protect you and the new firm is arguably doing that.

they could have filed in pro per and given you the file back.

There is apparently some issues with your case. Maybe they felt it had to go to trial and they are not a litigation firm. So far you have not said anything that shows damages to you. But yes, if there is legal malpractice then lawyers would handle it on a contingency basis.

1 user found this answer helpful

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