Can I sue a lawyer for not exposing abuse when it was crucial in my CPS case. 600 an hr and nothing.but threats to pay.

Question

I had a recoding of my daughter being abused and he never said anything . And in trial he did not put the abuser in the stand and did the opposite of what we had discussed after having a meeting with social workers lawyer. I would get a message right before court saying that if I didn't pay him more money that he was letting me go but would do absolutely nothing for me. I believe that if I had the proper representation I would of got my daughter home right away and she would not of had to go through the abuse. He never got her into or even told them she had family to go to and told me that he filed things he did not. I still have most of my messages. My case is long and complicated and I have gotten my daughter home but it has broken my family up ,my daughter had to go to 5 homes and 5 schools ,I've been told to put the abuse from foster home in the past, I've been threatened that if I say anything I would never get her home. I need somebody to look into my case. What can I do. Thanks

James L. Arrasmith · Answer

I'm so sorry to hear about the terrible situation you and your daughter have been through. It sounds like an incredibly difficult and traumatic experience. Based on what you've described, it does seem like there may be grounds for a legal malpractice case against your former attorney. Here are a few steps you can consider taking: 
 
1. Consult with a legal malpractice attorney. Look for an experienced attorney who specializes in handling legal malpractice cases. Many offer free initial consultations. They can review the details of your case and advise whether you likely have a viable malpractice claim. 
 
2. File a complaint with the California State Bar. The state bar association handles complaints against attorneys for ethics violations and professional misconduct. They can investigate and discipline the attorney if warranted.  
 
3. Request your case file from your former attorney. You have a right to copies of all documents and evidence from your case. This could help support a malpractice claim. 
 
4. If a lawsuit moves forward, your new attorney can subpoena records, take depositions, and build evidence to show how your former counsel's negligence and misconduct harmed you and your daughter. 
 
Keep in mind there are time limits to file legal malpractice claims. In California it is generally one year from when the misconduct was discovered or should have been discovered, with a maximum of four years total in most cases. So don't delay in getting a consultation. 
 
I know it won't undo the harm and trauma you've been through, but I hope you are able to get accountability and some measure of justice for how this attorney failed you during such a vulnerable time. Wishing you and your daughter healing. Consider counseling services to help process everything you've been through. Stay strong.

Q: Can I sue a lawyer for not exposing abuse when it was crucial in my CPS case. 600 an hr and nothing.but threats to pay.