South Lake Tahoe, CA asked in Personal Injury, Criminal Law, Divorce and Legal Malpractice for California

Q: can i sue a lawyer for negligence after finding a check for 165000 made out to myself and my now deceased ex wife

all her paperwork with these divorce lawyers paperwork that i should have never seen my then divorce lawyer made himself controller of all our fire insurance money we got from the destruction of the angora fire we were going through a lengthy divorce and in the middle of that we lost our house then the two divorce lawyers mine and my exs took control of all the insurance moneys and never told me about anything concerning the receiving and cashing insurance checks made out to me and my ex having them reissued to an escrow company all without telling me anything ive also discovered false deeds and checks with my signature on them without me ever seeing the checks im noit sure what kind of lawyer i need please respond and help me thank you for your time joe puleri

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: Consult with an Attorney: It is crucial to consult with an attorney who specializes in legal malpractice or professional negligence. They can evaluate the specific details of your case, assess the viability of a claim, and guide you through the legal process.

Elements of Legal Malpractice: To establish a claim of legal malpractice, typically, you need to demonstrate four elements: duty, breach of duty, causation, and damages. This means showing that your lawyer owed you a duty of care, that they breached that duty through their actions or inactions, that their actions or inactions caused harm, and that you suffered financial or other damages as a result.

Gathering Evidence: Collect any documentation, correspondence, or evidence that supports your claim of negligence. This includes the check made out to you and your deceased ex-wife, paperwork related to the insurance funds, false deeds, and checks with your signature that you did not authorize. This evidence will help support your case and strengthen your claim.

Statute of Limitations: Legal malpractice claims are subject to statutes of limitations, which vary by jurisdiction. It is important to consult with an attorney promptly to ensure you file within the prescribed time limit.

Damages and Legal Remedies: If your claim is successful, you may be entitled to financial compensation for the losses you suffered as a result of the lawyer's negligence. The specific damages you may seek will depend on the circumstances of your case and the applicable laws in your jurisdiction.

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