My attorney I think violated a number of the Rules of Conduct and I would like to know what I can do and what kind of damages he is responsible for as a result of his malpractice. Please take 5 to 7 minutes to read through and 5-10 minutes to reply and I will reward for that. This is one of the reasons I signed up for this service. I think if you're an attorney this will probably stun you. No way that most attorneys could be this bad and actually do what is not in the best interests of their client again and again. And I never hired an attorney before him, so I had no attorney-client experience, just a basic understanding of what is right and wrong. In an eviction case where the "landlords" and their lawyer represented and lied to the court that an apartment was illegal, my lawyer failed to: - File a counterclaim of any kind even though he said there were numerous- Provide me receipts for payments I made to him for his $350/hr fee- Argue their case was a fraud and should be thrown out- Advise me that the judge made a decision (after the judge sat on it for three months) on Dec. 21 when I had told my attorney I would be out of town on holidays and promised to call me if a decision (which he said unlikely during holidays) was handed down. - Tell me the truth when I returned to find an eviction notice on my door and I had to leave the very next day- Argue to the court that an eviction on the tenants record was discriminatory because the apt. in question was illegal and the lease was a fraud- Allow me to change the judge when I did all the paperwork before the trial required by law to change the judge. He did not do what I had told him to do (and he even slapped me on the arm when I tried to enter the document to change the judge at the onset of the hearing). - Advise me properly of my right to appeal, instead telling me that even though I would probably win on appeal, that I didn't have the $10-20K to fight it, even though I find out now that was not the case that I could appeal- The other point to the statement right above this one is that he obstructed my right to appeal in two other critical ways: He never informed me as promised that the judgment had come down against me and I needed to return to California and then he later lied to me and said he did try to call me and my phone was out of service which I can prove with phone records was not the case. And if that was true, why wouldn't he try again, call my parents number I left him or email me where we had previously emailed back and forth? - Additionally, he never entered, even though we discussed that he would, my claim to damages in the case (recovery of attorney, court fees, moving costs for illegal apt), which is just stunning and suspicious to me. Of course the judge didn't award me any damages but instead awarded the "landlords" $5K! Isn't my ex lawyer responsible for that $5K plus my fees to him, my hotel stay, the destruction to my credit, etc. all because he made me believe that I could never appeal (and he obstructed my ability to appeal on a number of levels). - Return my case file after numerous requests until THREE months after the judge's ruling so of course I couldn't appeal as well, plus I only had 8 hours to prepare to move because he never informed me of the decision and then lied (which is provable) when I asked why he didnt'. Is it just me or is this the most incompetently handled attorney-client case you've heard in a while? I feel he is responsible to reimburse me a lot of money because of his malpractice. It's so blatantly colossal. He really screwed me.
Country relating to Question: United States
State (if USA): California
Hello.We are not allowed to analyze every point of your case, because we are not allowed to represent you, just provide you with legal information. In terms of professional conduct, attorneys are required to communicate with their clients, among other things:http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule3500.aspxThey are also required to act competently in their representation:http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule3110.aspxIf you feel your attorney's conduct fell short of the standards outlined in the Rules of Professional Conduct, you can file a complaint against him with the state bar:http://www.calbar.ca.gov/Attorneys/LawyerRegulation/ComplaintForm.aspxThey will investigate the complaint and determine if any action against his license to practice is warranted.In terms of a legal malpractice suit, in order to prevail you have to prove that:
1. That your lawyer breached the duty of an attorney; 2. That you was harmed; and 3. That your lawyer's conduct was a substantial factor in causing your harm. You may want to seek out the services of a professional malpractice attorney to evaluate your case to determine if you have a viable claim. Many civil attorneys do initial consultations for free to help you determine if it is worth pursuing a malpractice case.
1. That your lawyer breached the duty of an attorney;
2. That you was harmed; and
3. That your lawyer's conduct was a substantial factor in causing your harm.
You may want to seek out the services of a professional malpractice attorney to evaluate your case to determine if you have a viable claim. Many civil attorneys do initial consultations for free to help you determine if it is worth pursuing a malpractice case.
8 years legal experience
OK thanks - but just based on the list of facts that I presented, is your opinion that I have a good basis to move on this? I am going to send him a demand letter to pay back all my fees, related costs, the judgment made against me,plus my moving, storage and motel costs which I believe he is responsible for because if he had informed me of the decision and been competent in helping me appeal a case he said I would 90% win on appeal, I would not have incurred those costs. Plus, I wouldn't have an eviction on my record which can make it harder for me to find a good job or to rent or buy a house in the future.
Since the lack of communication in violation of the Rules of Professional Conduct made you miss out on filing your appeal, it is possible that you could recover some damages. I can't estimate how much you would get because it is up to the judge or jury to determine which acts constituted professional misconduct and which damages stem directly from them, and guessing on a verdict and/or a damages amount is practically impossible. It sounds like you can make out the elements of your case since the lack of communication made you miss your opportunity to appeal, but what, if anything, would be awarded is too difficult to guess at this point.
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