Q: WHAT CAN WE DO IF OUR LAWYER LEFT US HOMELESS, JOBLESS, IN DEBT, AN EVICTION ON OUR RECORD, AN EMOTIONAL & MENTAL TRAUMA
THIS ALL HAPPENED OVER 6 MONTHS. WE HIRED A LAWYER TO PREVENT OUR EVICTION DUE TO LATE RENT PAYMENT. THE AGREEMENT WAS: HE WOULD WORK WITH THE PROPERTY MANAGEMENT CO. (PMC) FOR US TO STAY IN THE HOME, REMOVE MOM'S NAME FROM THE RENTAL LEASE & CAN'T MISS WORK. AFTER SIGNING THE CONTRACT WE BELIEVED OUR LAWYER WOULD DO ALL WE AGREED UPON. BUT THEN ONE DAY A SHERIFF CAME WITH A NOTICE OF EVICTION. THEN A TEXT SAYING: TOMORROW WAS OUR OFFICIAL EVICTION/LOCK-OUT DATE. (OUR LAWYER SAID NOT TO WORRY, IT WAS MERELY A SCARE TACTIC). SEVERAL SHERIFFS SURROUNDED HOME WITH GUNS DRAWN. TELLING US TO LEAVE IMMEDIATELY WERE BEING EVICTED. WE FORGOT OUR I.D.'S AND BANK CARDS IN THE HOME CAN’T RENT A STORAGE UNIT, A UHAUL, OR A HOTEL. HE ALWAYS MIXED UP OUR CASE AS A FORECLOSURE AND OUR COURT PAPERS HAD INCORRECT INFO AND NAMES OF PEOPLE WE DIDN'T KNOW. UNFORTUNATELY, THERE ARE A LOT MORE INCIDENTS WITH OUR LAWYER THAT CAN BE EXPLAINED LATER.
WE HAVEN'T HEARD FROM OUR LAWYER SINCE WE GOT LOCKED OUT
A:
I'm sorry to hear about the difficult situation you're facing. Under California law, if your lawyer failed to represent you effectively and caused significant harm, such as an eviction or financial loss, you may have grounds for a legal malpractice claim. Legal malpractice occurs when a lawyer fails to provide competent representation, and as a result, the client suffers harm.
In your case, if the lawyer mixed up case details, provided incorrect information, and failed to prevent the eviction despite assurances, these could be seen as breaches of their duty of care. To proceed, you should consider consulting another lawyer who has experience in legal malpractice cases. They can assess the specifics of your situation and determine if the actions of your former lawyer constitute malpractice.
Additionally, it's important to collect all relevant documentation, such as the agreement with the lawyer, any correspondence, and records of the eviction process. This evidence will be crucial in building a case. Remember, legal malpractice claims can be complex and require showing that the lawyer's negligence directly caused your losses, so professional guidance is essential.
Lastly, you might also explore the possibility of filing a complaint with the State Bar of California. The State Bar investigates complaints of professional misconduct by attorneys practicing in California and can take disciplinary action if necessary. This step can be taken alongside pursuing a legal malpractice lawsuit.
A: Your "Related Details" raise a myriad questions, the first of which, is when did all this happen? Assuming the Statute of Limitations has not run, and your facts are reasonably accurate, and the Attorney could have actually prevented the eviction, but for his negligence; you certainly have a claim against him with a reasonable chance of success.
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