Q: Other than Bar complaint, no consequences for awful legal malpractice if I win Mandamus reinstatement? Even though....
I know that Mandamus reinstatement mitigates legal malpractice damages. 1.) BUT, that horror cost me 2 1/2 years of my life & much legal fees. Other than the Bar complaint, the atty gets away w/ it & I'm stuck w/ 2 1/2 yrs of my lost life & a lot of legal fees? Continuing litigation is pointless? 2.) If I got a settlement instead of reinstatement, I'm still out of luck in damages? The litigation is pointless? See # 1.
A:
So sorry to hear what you have been through.
While there are not enough facts to positively answer your questions, some information can be provided.
While there may be mitigation, that does not mean that there is no case, it only means that damages may be less than if mitigation was not possible.
Depending on the facts of the case, it is possible that a settlement instead of reinstatement, MIGHT, prevent a case. But you this is not a confirmed answer as there re not enough facts.
JOEL G. SELIK
Certified Specialist Legal Malpractice
by the State Bar of California
Board of Legal Specialization
Joel@SelikLaw.com
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