QUESTION

my attorney walked out during arbitration.

Asked on Dec 05th, 2014 on Litigation - California
More details to this question:
As a result of his actions, my wife lost her personal injury case that went on for ten years. Can this constitute malpractice?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Several issues arise. Why did your attorney walk out? You might want to consider filing a complaint against her attorney with the State Bar. It sounds like he abandoned a client, which is grounds for discipline. That does not compensate your wife, but it will help protect the general public against him. Do not tell your ex-attorney that you are going to file such a complaint or threaten him. That would be the crime of extortion. AFTER you have already filed such a complaint, you can negotiate with the lawyer regarding what it would take to get you to withdraw the complaint. Malpractice is very hard to prove. You must prove both that what the lawyer did was negligent, AND that but for his negligence, the client would have received a better more valuable outcome. This means your wife would need to prove her personal injuy claim and how much she would have received in that arbitration, but for her attorney walking out. In that proceeding, her own attorney will be trying to prove that she would have lost the case. He knows all the weaknesses and anything hidden about the case. The statute of limitation for malpractice is one year after the attorney stopped representing the client. After that, the client's claim is barred, cannot be asserted. When did this happen? If you appreciate this free advice, please remember to refer me to your friends and acquaintances who need a lawyer. Referrals are still our best source of new business Dana Sack  
Answered on Dec 08th, 2014 at 1:53 PM

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