Client has been charged with DUI. Client took Ambian night before, slept for 8 hours. Client was arrested next morning at 8:30 a.m. for DUI. Blood work returned 0% for alcohol, trace of Ambian. A certified note from Pharmacist who dispensed and Dr. who prescribed stated the patient should be able to perform normal activities if taken as prescribed. Clients expectation are that attorney would provided information to Prosecuting Attorney and request dismissal of charge. Attorney will not contact client in jail or return calls to client. Non communication has been an ongoing behavior on part of attorney. Is it possible to get $10,000 up front fee paid to attorney returned and to retain another attorney who will communicate with and aggressively represent client?
Legal malpractice is when an attorney harms a client through unreasonable errors, and harm would not have occurred "but for" the errors.