We hired a lawyer for my special needs son to file against the school district. We have already paid over $65,000. He consistently overcharged by bill and task padding, and over staffing. He also mishandled our case as one of his attorneys that worked on our case will attest to. She has left the firm because of his dishonest practices. He lost our case and claims we still owe him $115,000. We don't have the means to pay him. We have been advised that he is now waiting for our statute of limitations to expire to bring a malpractice suit against him, after which he will file a civil suit to collect. What can happen to us as a result of a civil suit if we can't afford a lawyer to defend us? Even if the judge rules in his favor, how would he be able to collect if we don't have any assets
Lawsuit / Dispute Attorney
If the facts really are as your post states, you should contact the California State Bar Association immediately to report your concerns. The phone number to file a complaint about an attorney is 1-800-843-9053. Also, consider consulting with a malpractice attorney. Try clicking "Find a Lawyer" above. Good luck and Happy Holidays!
For informational purposes only and not to be relied upon as legal advice or for the formation of an attorney-client relationship.
In many cases, a good defense is a good offense. However, if the statue of limitations runs on your malpractice claim, you will only be able to use those facts defensively.
The mere fact you lost *your son’s* case does not amount to malpractice. Frankly, your allegations of being overcharged, padding, dishonesty, and over staffing ring hollow after the fact.
If you do not have the funds to retain counsel or to settle the matter it appears your only option is to wait until suit is filed. You may wish to consider bankruptcy as an option either now or after suit is filed. Good luck.
SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>
1 found this helpful
1 lawyer agrees
Administrative Law Lawyer
A judgment is good for 10 years and can be renewed, so the party who obtains a judgment may in fact eventually be able to collect even f you presently have no assets. You can file for mandatory fee arbitration with the State Bar rather than wait to be sued for the fees.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
2 lawyers agree