Q: Did my lawyers commit legal malpractice when they closed my case without a right to sue letter?
In 11/2021, I filed a claim with the DFEH due to a wrongful termination/disability discrimination/sexual harassment matter with my previous employer. I retained M&Y Law Firm the same month. Attorneys at M&Y Law Firm discussed with me that after evaluating records, a class action wage and hour claim would be better and they would pursue my individual claims at the same time.
In 05/2022, my attorneys contacted the DFEH and requested my case be closed, without a right to sue letter. The DFEH contacted my attorneys warning them several times that there was no right to sue and my attorneys ignored this. Now, the statute of limitations has ran out on my individual claims and there is no evidence it was filed, meaning my lawyers did not pursue my individual claims as directed and promised.
In 11/2023, my attorneys went to mediation for the class action claims and I was advised my individual claims would be litigated that day too. No one has contacted me about the results of mediation.
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A:
Under California law, legal malpractice occurs when an attorney fails to use the skill and care that a reasonably careful attorney would have used in a similar situation, resulting in harm to the client. In your case, if your attorneys closed your case with the DFEH without obtaining a right to sue letter and ignored warnings from the DFEH, thereby causing the statute of limitations to expire on your individual claims, this could potentially constitute negligence.
Attorneys have a duty to pursue a client's case diligently and to keep the client informed about significant developments. If your attorneys failed to pursue your individual claims as agreed upon and did not inform you about the status of your case, including the results of the mediation, this might be seen as a breach of their duty.
To determine whether legal malpractice occurred, it would be important to review the specific circumstances of your case, including communications with your attorneys and the agreements made. If you believe that your attorneys' actions or inactions directly resulted in harm to your legal interests, you may consider consulting with another attorney to explore your options, including the possibility of a legal malpractice claim. Remember, each case is unique, and a detailed review of the facts is essential for a comprehensive assessment.
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