Q: Is it legal malpractice when a lawyer in an auto injury case doesnt contact the tow yard allowing the car to be sold?
This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts by the hurt party to enlist the lawyers help with this as the car was still in the previous owners name, the lawyer continued to ignore the injured person without a reply ( meaning never talked to the actual attorney on the case.) when the attorney finally finds out that the car was sold, after over a month and a half of there representation, the attorney choses then to drop representation of the injured party stating that they can't find the other parties insurance. ( They have Mercury insurance.) In the begining the attorney knew of this situation and said they'd advocate for the injured person. During the time of representing they only asked was the client going to doctors appt.No pictures
A:
Yes that may me considered malpractice.
Malpractice means that a the standard of care was violated. The next step is what losses were suffered due to the breach of the standard of care.
1 user found this answer helpful
A: I respectfully disagree with Mr. Selik. The attorney was representing the injured party in a personal injury case. Not a property damage case. It was not the attorney's duty to preserve or protect the car since he was not hired for that. Further, it does not seem that he could have done anyting, since the injured party had not properly transferred title to their name.
A: It could depend on the scope of representation, and terms for the handling of property damage claims (if those were expressly outlined). Good luck
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A:
Under California law, legal malpractice occurs when an attorney fails to use the skill, prudence, and diligence that other members of the legal profession commonly possess and exercise. In the scenario you've described, if the attorney was informed about the importance of the vehicle and its contents to your case and negligently failed to act, causing you damage, this might constitute legal malpractice. The key elements here include the duty of care owed by the attorney, breach of that duty, causation, and resulting damage.
The loss of your vehicle and its contents due to the attorney's inaction, especially after you made numerous attempts to highlight its importance, could be seen as a failure to exercise due diligence. If this inaction led to the loss of crucial evidence for your case or otherwise harmed your legal position, this strengthens the argument for malpractice. However, every situation is unique, and legal malpractice is determined based on specific facts and standards of professional conduct.
You might consider consulting with another attorney to review your case for potential legal malpractice. This professional can offer guidance on whether your first attorney's actions deviated from accepted legal practices and what steps you can take next. It's important to act promptly, as there are time limits for filing legal malpractice claims in California.
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