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Riverside, CA |

I have a attorney who has refused and ignored my requests for a copy of all my records. I told them I even would pay to have them copied. They refuse to respond. I suspect that they have missed a critical filing date, As after writing the VA requesting my disability claim dating back to 2007, and having received all documentation ever sent to them and all forms of written communication. CLEARLY Indicates that my Attorney of record failed to file the appropriate documentation "NOD" to secure my filing claim date. This has caused me to lose $2389.00 X 12mths X 6yrs = $172,000.00 loss of back pay and $70,000.00 in education moneys and over $50,000.00 in out of pocket medical payments, for a total hard losses of $292,000.00 PLUS, NOT INCLUDING PAIN AND SUFFERING FOR LACK OF MEDICAL CARE

My VA Disability claims attorney of record refuses to communicate anymore and is clearly stalling and has been actually deceiving me. I have sent my attorney of record several certified letters demanding proof of service and they now ignore me completely. Is it not malpractice to miss a filing date? I have emails and other documents to prove they have been actively lying to me for 3 yrs. I'm presently 70% VA service connected disabled and 100% Social security Disabled since 2007. #1: Am I wasting my time with them? #2: What is my Attorney’s (LEGAL) responsibility towards me as a client? #3: I have made a new claims with the VA for the same things I filed for back in 2007. Since I have no proof that my attorney ever filed the NOD.

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Attorney answers 2

Best Answer

It sounds like you have a legitimate legal malpractice suit on your hands. Your attorney may be buying time because the statute of limitations for legal malpractice is only one year. He or she probably is trying to stall you for that long so that you will be time-barred from pursuing a claim against them. I suggest you contact one of us immediately. Best of luck.

Free consultation. Direct line- 855-637-0938 .24/7. Video/Phone/In-Person. I provide my clients with honest, thoughtful advice and diligent, vigorous representation in a number of practice areas. I serve Ventura, Los Angeles, Orange, Santa Barbara and San Diego Counties. I wouldn't take any of my answers on as legal advice since there are still too many factors that need to be discussed before I can give you a reliable opinion.


The one-year statute of limitations for legal malpractice can be "tolled" or suspended under certain circumstances, two of which, the continuous representation exception and the fraud exception, may apply to your case based on the fact that your lawyer continues to deceive you about the status of your case. You need help from an attorney who has experience handling legal malpractice actions.

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