Skip to main content

Please tell me how to get this penalty payment from the attorney. The insurance carrier paid late - therefore a penalty payment

Victorville, CA |

was needed, according to the attorney. The attorney has never worked on this, avoiding my calls etcetera .... I reported him to the Bar Assn. in California - and last week he said give him two days to find out and draw the file. They gave the excuse as being short staffed.
what do I do now.

Attorney Answers 2


Your post is somewhat vague about this penalty payment. If you are saying that you personally suffered a payment penalty for not paying something on time and that happened because the insurance company payment was late, then you may not have a claim against the attorney unless you can prove that the late payment was directly the result of the attorney's failure to act in accordance with the standard of care of attorneys with regard to processing the payment. In other words, the only way to get damages caused by an attorney is to prove that either the attorney breached a contract with you or that he committed attorney malpractice.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Mark as helpful

1 lawyer agrees


I have to agree. Your post doesnt really provide any useful facts to help us understand the nature of the claim, what happened, or what the outcome was. I am sure there are plenty of attorneys on Avvo that would be willing to discuss this with you, but we need a little more information.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Mark as helpful

1 lawyer agrees

Business topics

Recommended articles about Business

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics