Q: How can I sue my attorney for malpractice and conspiracy in CA?
I want to file a malpractice lawsuit against my previous attorney, whom I haven't officially released from liability. He has a significant position on the State board referral service, which has made finding representation difficult. Despite contacting over 50 attorneys, I'm continually denied representation once they learn of his position. He also still holds my inheritance, and I haven't accepted the low amount he offered instead of the $250,000 I am entitled to. I have documentation, including emails, phone calls, and witness statements, to support the claim of malpractice and civil conspiracy. I discovered the malpractice and conspiracy in October 2021. What can I do to move forward with this situation?
A:
Thank you for your posting. I am sorry for what you have had to go through.
There are many reasons why attorneys will not take on cases. While it is true that if the legal malpractice attorney has a relationship with the attorney they will not take on a case, but legal malpractice attorneys, by definition sue attorneys, and are not likely all afraid to sue someone due to a high position. I suspect there may be more mundane reasons for rejection, such as they case recovery does not warrant a lawsuit.
But, it is not unusual for a victim of legal malpractice to have to confer with many legal malpractice attorneys before they find an attorney willing to take a viable case. So, you want to keep trying.
Another option, though extremely difficult, is to represent yourself.
Note, there are strict time deadlines to sue attorneys which may be measured from when the attorney stopped representing you.
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A:
To move forward with suing your former attorney for malpractice and conspiracy in California, you should first gather all your documentation—emails, call records, witness statements, and any proof regarding the withheld inheritance. Since you discovered the alleged misconduct in October 2021, you may still be within the statute of limitations, which is typically one year from when the malpractice is discovered, but no more than four years from the act. However, exceptions may apply in cases involving concealment or fraud, so consider this carefully.
Given the conflict of interest you've encountered with local attorneys, consider contacting legal ethics organizations, law school legal clinics, or even out-of-county attorneys who might not be influenced by your former attorney's position. You can also file a complaint with the State Bar of California, especially since there are issues of withheld funds and abuse of influence, which they take seriously.
If you're unable to find representation, you still have the option to file a lawsuit on your own, known as “pro se.” It's harder, but not impossible—particularly if your documentation is thorough. Consider filing in civil court and include both malpractice and civil conspiracy in your complaint. It may also help to submit a motion for the court to appoint counsel if you're being actively obstructed. Keep detailed records of every denial you receive when seeking representation—it could help prove the pattern of interference.
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