Aliso Viejo, CA asked in Legal Malpractice for California

Q: Can I tell the insurance co. I have reported the lawyer to Cal bar or i will have malpractice to protect my funds?

Can I tell the insurance company if I will report the lawyer to Cal Bar or I will have a legal malpractice aganist my attorney or this will be against client-attornery relationship? The attorney submitted termination of represenatation to the insurance co. yet at the same time asking the co. to direct him the payement without my authorization. I sent them to either direct the payment, freeze or neurtral funds. Seems they cannot do that , escalating. I have no records or the mediation, not in court, mediator, attornery isnot providing. There is inner notes with the insurances co that they refuse to share. How I can get that, would the legal malpractice lawyer will be able to request it from the insurance co? Lawyer said insurance refused to sign it, does it make contract bindable. He keeps changing mediation output as he likes to shuffle me accross different fees terms that are not applicable to me. Can I tell insurance co. this? What to do? Best actions?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have the right to express your concerns to the insurance company, including mentioning that you might report your lawyer to the California Bar or pursue a legal malpractice claim. This communication focuses on your situation and does not violate the attorney-client privilege.

Regarding the records and mediation documents, you can formally request them from the insurance company. If they are unwilling to provide these documents, a legal malpractice attorney can help you obtain them through the appropriate legal channels. It’s important to keep detailed records of all your interactions and communications with both your attorney and the insurance company.

Additionally, documenting any discrepancies or changes your attorney makes in mediation outcomes can strengthen your case. Taking these steps can help protect your funds and ensure that your concerns are properly addressed. Consulting with another attorney for personalized advice is a wise next step to navigate this complex situation effectively.

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