Under CA family law what can I do about my law firm sending different attorneys to my family law hearings

child support/custody: The law firm I had hired for my child support/custody case has had employee turnovers not only with attorneys but paralegals as well. Each time we went to court I had a different attorney show up unaware of my situation. With a short cause trial coming up at the end of the month, how do I present the many issues that were never brought up in previous court proceedings. I no longer have that firm representing me.
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Answers (3)

Chad William Koplien

Chad William Koplien

Contributor Level 6
What you need to do is the following: (1) contact a reputable family law lawyer in your area (I was stationed at Victorville while in the USAF so I know of San Bernadino; (2) ask for an opinion as to whether the law firm's conduct constituted malpractice; and (3) whether the malpractice resulted in measurable damages to you.

One website summarizes the elements of legal malpractice in California as follows:

"THE well-known elements of a cause of action for legal malpractice are: (1) the attorney's duty to use the skill, prudence and diligence that others in his or her profession commonly possess and exercise; (2) acts that constitute a breach of that duty; (3) injury, damage or loss to the plaintiff; and (4) a proximate causal connection between the conduct constituting the breach of duty and injury, damage or loss. The plaintiff usually has the burden of establishing each of these essential elements, including causation."

http://goliath.ecnext.com/coms2/summary_0199-6729_ITM

If you can obtain an opinion letter and/or a lawyer who specializes in malpractice to determine that you have a case, you can pursue a lawsuit against your former lawyer(s) and or law firm.

Here are some law firms in California specializing in attorney malpractice:

http://www.gwirelaw.com/index.html

http://www.andreslaw.com/

http://www.legalmalpracticeexperts.com/

Best of luck to you and I hope this helps!
5 1
Sandra Dee Munoz

Sandra Dee Munoz

Contributor Level 6
You need to have a new attorney review your pleadings to ensure that you CAN bring up those issues at the hearing. Time is running out for you, so I would suggest you find someone quickly. You can worry about former firm's problems after your matter is settled. Good luck to you!
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Marshall William Waller

Marshall William Waller

Contributor Level 7
You need to continue your trial. Explain your situation to the judge and I am confident they will agree. Then you need to find a reputable family law attorney to help you with this situation. If at all possible, hire an attorney. If you cannot afford a lawyer, then make a list of all the issues you need to address with the court and, after you have continued the trial, find a lawyer who will work with you on an issue-by issue basis. This is called "limited scope representation" or "unbundled representation." It is chaper because the lawyer does not sign on to handle every single aspect of your case; instead, the attorney provides services on a project basis. Good luck with this.
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