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My previous attorney's Retainer stated that he had malpractice insurance and he did not. CA Bar did not discipline him. Fraud?

Los Angeles, CA |

What can I do besides start a malpractice case against him? The Retainer was signed by him and me and when he made mistake after mistake on my case, I asked him for the insurance information and he told me that his insurance company would be contacting me. That was over a year ago. He will not answers my letter or fax requests. I believe this is fraud, but the CA Bar did nothing for me. Should I demand they reopen my case? Thank you.

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Attorney answers 3

Best Answer
Posted

As noted you may have waited too long but if there was fraud or concealment by the attorney the time limit for filing suit could be as long as four years. You need to obtain a consultation with an attorney who handles legal malpractice. The State Bar is not going to provide you any remedy at all.

Posted

Ethical violations and malpractice are not necessarily the same thing. I can't tell you why the State Bar did not discipline the attorney. If you intend to sue him for malpractice, you need to show some damages. Some mistakes can be fixed, others can't. First, get a new lawyer to try to salvage your case, whatever it is. And, if you want more specific advice on Avvo (or from anybody), please provide more specific information.

Posted

You'll find out if he actually has malpractice coverage if you sue him, but now you may have waited too long, since the statute of limitations on malpractice cases is 1 year from the date of injury, and you state that you've already been waiting over a year. You may have an estoppel argument that would toll (suspend) the running of the stature of limitations, but you need to act RIGHT NOW against this lawyer before you let any more time elapse.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.