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My attorney has lost my case due to not filing completely.

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My attorney has lost...

My attorney has lost my case due to not filing completely. He was going to file a re-concitration filing but I havent heard from him. The court papers say that I have til the 27 th Dec to get out. How do I fight this?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Los Angeles Ca

Lawyer's Assistant: Has any paperwork been filed?

Yes,

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My freind left his property to me,but the granddaughter contested the living Trust. I lost that case because my attorney failed to file in a timely manor and when he did it was incomplete. I paid him two thousand dollars and late when I couldnt pay, he said that he'd use it as a tax write off.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
11/28/2017
Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago

I am sorry to hear this; so you have until the 27th of next month to respond to the suit and your attorney is not returning your calls?

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Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago

In such cases it is important to get a hold of the attorney and this can usually be done by contacting the office manager or the managing partner; if calls still go unreturned generally the client will retain other counsel and request a continuance so the attorney can get up to speed; meanwhile then there are 2 options against an attorney that does not comply with the retainer agreement:

1. file civil litigation based on breach of contract if the fee agreement was breached/violated as well as a claim for legal malpractice based on negligence-Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

2. file a complaint with the state bar;

Please see:

http://www.calbar.ca.gov/Public/Complaints-Claims/How-to-File-a-Complaint/Why-File-a-Complaint

But first the rules of professional conduct should be reviewed to see which if any were violated as that can be referenced in the complaint:

http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules

If the client suffers financially there is a client restitution fund that may aid in recovery.

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Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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Category: Real Estate Law
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