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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113509
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Legal malpractice
, slip n fall case,, property manager

Customer Question

legal malpractice
JA: Thanks. Can you give me any more details about your issue?
Customer: slip n fall case,, property manager even testified was their fault ,, heres issues I have , judge started case with ,hope this ends on Thursday I have things to do on Friday ,my lawyer says yes so do I ,,never objected to anything ex.judge denied mental health provider from testifying while on the stand refused jury request to revisit prop managers testimony because it was recorded and no one knew how to access it then and there ,,we would have to wait till it was transcribed next week and judge refused,, no objection ,,in choosing jury ,,judge only allowed the first row of potenetial jurors to be candidates ,,in spite of 50 present on courtroom .when one potential was dismissed then next person in the front row was called, . lawyer didn't show up last day of trial he said he had depo of 81 year old woman , some woman I had met once showed up ,, no closing statement other than we rest . no preparation for trial but for a 15 minute cd on what court will be like ,,inspite of several emotional requests to my ;lawyer to prepare me for court.i had no idea what he would ask or any dialog concerning what will happen,, during arbitration he said nothing in spite of me asking for numbers of what we would have to dlete from total ,,we were offered 200k settlement but he said nothing when we sasked his advice,, sunday night before trial he flew in from mexico after being there all week and looked disheveled and unprepared that's just a few.. oh and I went to hasve one of 17 surgeries that I couldn't afford copay that he paid for so I could go in and have the surgery ..he fired a lawyer working on my case who then called my family in ssandiego in attempts to find me ..he called my brothers law firm who I haven't spoke with for 10 years saying he was representing me in a case but lost contact info. a lot more also power went out in court house,,we were ushered into only working elevator ,,I was right next to judge and made a passing remark on how we r safe in here,,he said I had no business speaking to him and oinoy after the trial ,,but he pretty much was rude and comments imbarrasing
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Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
also defense offered a 200-700 decision win loose ,, lawyer never told us about it
Customer: replied 1 year ago.
when first got hurt and they called for ambulance manager was on phone with corporate they told her to tell me don't get a lawyer we will take care of all bills, but was too nervous when giving my testimony and he never asked me any questions or let me know I forgot to say it and never put me back up on stand
Customer: replied 1 year ago.
I wasn't prepared nor reifrced key points ,, I just was stone faced and nervous ,, and left out a lot the first day ...he never mentioned anything to me throughout trial except that the list of potential jurors and how they were being pivked to be questioned,, the last juror was a defense attorney and we had no more exuasions,,, even though several jurors that were excused were agreed apon by both lawyers and the judge
Customer: replied 1 year ago.
I'm sorry vomiting details as I rememeber them.. the attorney knew he screwed up and took on appeal and cost himself,, lost on county level same courthouse ,, but appealed to state appealate ... question ,, is there a certain amount of time for appealate court to have to schedule ,, or do they have all the time in the world
Customer: replied 1 year ago.
Colorado state appellate
Customer: replied 1 year ago.
I know is big time booboo for them to lay out money for one of my surgeries ,,but where does that help me with legal malpractice.. also do most malpractice attorneys ask for retainer or is it common for it to be if we only win kinda arrangement
Customer: replied 1 year ago.
btw was told by court workers that time for me to sue will be no later than august of 2016,,ok I think I used up all the adrenaline from coffee .. will let you work now
Customer: replied 1 year ago.
oh yeah case was lost in spite of prop managers testimony which judge refused to allow jury to revisit ,, decision was ,,yes I was hurt second decision they were not responsible...have not received date or even if state appeals will hear case ,,but everything is in ,,and is in the courts hands
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the attorney did the things you describe, they indeed could have committed malpractice as you describe negligent conduct. However, in order to have a malpractice claim, it requires you to hire a local legal malpractice attorney, because they have to actually look at the case records and transcripts to evaluate your attorney's actual legal performance. Failure to discuss settlement offer with a client can indeed be malpractice if the settlement offer was actually reasonable. Not being prepared for trial can also be malpractice, but you need to again have the local attorney review the actual case proceedings to evaluate his actual acts.
So, yes, based on what you describe, it appears to be malpractice and it is something you need to engage a local legal malpractice attorney to pursue and you can find one at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com