Q: how do i file a malpractice lawsuit against my attorney
breach of contract claim X.
My Atty grossly overbilled me.
My attorneys fees are 3x my claim.
My lawyer is compounding this error by now seeking to be relieved as counsel.
Knowing I have pending motions.
A:
Consult with a legal malpractice attorney specialist asap.
Some of these may be legal malpractice, some not. An attorney right away may be able to help with how to proceed from here, now.
A:
a lawyer, like you, has a right to quit.
have you talked to other lawyers?
does the case have enough value for a lawyer to pursue?
these are VERY expensive cases to pursue and most of my friends won't take a malpractice case for less than $1M
Remember, you can always sue on your own in small claims court for up to $10k, though there is talk of raising the limit.
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A:
In California, if you believe your attorney has committed malpractice by overbilling or breaching the contract, you first need to gather all relevant documentation. This includes contracts, billing statements, and any communication between you and your attorney. Reviewing these documents can help determine the specifics of the alleged malpractice and overbilling.
Next, consider discussing the issue with your attorney directly to seek resolution. If this is not fruitful or possible, especially if they are seeking to be relieved as counsel, you can file a complaint with the State Bar of California. The Bar can provide dispute resolution services and investigate the conduct of attorneys.
If these steps do not lead to a satisfactory outcome, you may pursue a legal malpractice lawsuit against your attorney. It's advised to contact another attorney experienced in legal malpractice to evaluate your case. They can help navigate the complexities of filing a lawsuit, including proving the breach of duty and showing how this breach caused your damages. Remember, time is of the essence as there are specific time limits, known as statutes of limitations, for filing legal malpractice claims.
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