Whittier, CA asked in Legal Malpractice and Personal Injury for California

Q: I am deeply dissatisfied with the legal services provided by Attorney

I am deeply dissatisfied with the legal services provided by my Attorney

* Failure to Communicate: has consistently failed to communicate with me about my case. They have not responded to my emails, phone calls, or letters. This lack of communication has caused significant stress and anxiety.

* Coercion into Settlement: Attorney pressured me to settle my case . I made it clear that I wanted to take the case to trial, but they refused unless I paid for it out of pocket.

* has failed adequately represent my interests in this case. They have missed deadlines, failed to gather crucial evidence, and made numerous errors in their legal filings. Told me that CPS could open a case on me if I go to trial and said to take the little amount after fighting for years since my son was 3 he is 8 yrs old started with a million now he wants me to settle for way less than 10,000

3 Lawyer Answers
James L. Arrasmith
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A: It sounds like you are going through a frustrating and difficult situation with your attorney. You have the right to expect competent representation, clear communication, and that your attorney respects your decisions about your case. If your attorney is failing in these areas, it could be grounds for legal malpractice, especially if their actions—or lack of actions—have caused harm to your case.

First, document all instances of poor communication, missed deadlines, or any coercive behavior. Keep records of emails, voicemails, and any notes from phone conversations. This documentation can be crucial if you decide to file a complaint with the California State Bar or pursue legal action for malpractice.

Consider consulting with a different attorney who can provide an unbiased opinion on the situation and help you understand your rights and options. You shouldn't feel pressured into a settlement that doesn't meet your needs, especially after years of fighting for justice. Taking the next steps to protect your interests and find the right legal help is important for your peace of mind and the outcome of your case.

A: This is a poor situation to be in. No doubt anybody who has had a good attorney represent them, has had disagreements and squabbles with their lawyer. But in your situation it appears you have both a bad lawyer (presumably) and a selfish person. The proper means of following the California Professional Rules of Conduct would involve the lawyer recognizing that he or she has lost control of the action, as evidenced by the gargantuan reduction of case value from $1M to $10,000.00. Control presumably lost by way of, as a few examples, the lawyer's lack of experience, the lawyer's lack of skill, or simply an instance of a negligent handling of the matter.

Your sticking points in the prompt provided appear to be a lack of communication habit, improper and even illegal conduct if so.

(1) Lack of Communication; while this is one of, if not the, most common critiques clients have with their attorneys, standing alone, it is a difficult ground to base firing your lawyer without the consequence of him maintaining his entitlement to the attorneys' fee agreed upon (presumably this is a contingency matter based on the facts provided). Those consequences would include the difficulty of finding a new lawyer, let alone a new lawyer willing to take the case on knowing that the prior counsel will surely be coming for his attorneys' fee at the end of the case and the new lawyer's fee will suffer as a result almost assuredly. However, lack of communication almost always pairs well with another basis that together, could be enough to force the lawyer out on his own will rather than require you to replace him (we will address that shortly).

(2) Coercion into Settlement; this will require some explicit examples, communications, and indications from the attorney, in writing, that show he was unduly coercing you so as to eliminate your freedom to settle the case by accepting or declining an offer. Typically, a client's right to autonomy in these types of decisions is sacred, at least relative to the other functions of the case controlled by the owner.

(3) Failure to represent; this claim could be present, depending on the outcome of the prior two points. This third point resembles the standards of a malpractice action as phrased. This would be harder to prove and ultimately more fodder for you to argue later after the termination of the attorney and when the final settlement number comes out.

The only alternative to your attorney maintaining a attorneys' lien on the file, is if the attorney voluntarily withdraws on his own accord and not "for cause."

Ultimately, your options appear to boil down to (A) asking your attorney to withdraw from the case (and make sure there is enough time between that date and trial to prepare appropriately), or (B) as client, terminating the attorney by securing new counsel to substitute into the case. The problem with B), in addition to permanently burning the bridge with your (soon to be fired) lawyer. However, this claim should be of last resort.

A: One option is to discuss the file with a different attorney. In most situations, clients are free to discharge their attorneys, and vice-versa, attorneys are free to withdraw from representing a client (barring certain situations, such as looming statutes of limitations, etc.). It's possible that changing attorneys could result in a lien, depending on the nature of the matter, nature of the substitution, work performed to date, and other factors. Good luck

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