OPTION # 3. SUE your LOUSY, LAZY & ARROGANT lawyer in court only.
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| SUE HIS A$$ FOR MONEY !! |
You want action and can’t take your LOUSY, LAZY & ARROGANT lawyer’s abuse and lies anymore. So you decide to SUE his ass in court.
This option requires immediate action, as it could include issues of time limits for filing a claim. This is known as “the Statute of limitations” It means you need to file your claim before a certain period of time expires. Thus it is imperative that you hire a competent and experienced legal professional to advice you on this issue.
CAVEAT ! Please be aware that just because you decide to sue your LOUSY, LAZY & ARROGANT LAWYER in Court, because your case was lost, it doesn't mean it will automatically happen. You would need to hire a GOOD MALPRACTICE ATTORNEY TO BELIEVE YOUR LOST CASE WAS A WINNABLE CASE, but was lost because some wrong doing by your LOUSY, LAZY & ARROGANT LAWYER. Thus it is imperative that you consult with a competent and experienced legal professional to advice you on these issues.
In this option you need to do all of the suggestions in 2 above (writing of letters etc) except do not make any mention of any reporting to the Bar etc. Simply say that something like..” Unless the matter (explain the problem) is rectified within (use your discretion as to how long to allow for a solution. If he/she owes you a million dollars, giving him 5 days will appear as unreasonable. However if your matter involves perhaps returning $5000 in unearned attorneys fees, give him/her 7 days or so to respond etc) you leave me no choice but to seek Court intervention to address this matter. Please bear in mind that you could be liable for my new attorneys fees once the court decides against you at trial..” Let him know that he will be looking at a new trial and that it will cost him/her MORE money to defend him/herself.
Remember that your NEW MALPRACTICE attorney, will use your letters when he writes his own letters to your LOUSY, LAZY & ARROGANT lawyer as exhibits. Also very important that you immediately include in your letter a REQUEST for your ENTIRE client File to be sent to you with 5 business days pursuant to bar rules.
If your LOUSY, LAZY & ARROGANT lawyer fails to provide you your COMPLETE client file, then you’d have an additional charge against him. CAVEAT !!! when you receive your client file.. CHECK IT FOR IT’S COMPLETENESS !! Often times a LOUSY, LAZY & ARROGANT lawyer, will remove incriminating memos or correspondence that shows he screwed up. Things like an email from the defendant’s lawyer offering a certain amount of money. Or a letter indicating the trial date.. (You know the one that only YOU showed up) or missing documents previously given to him.. Doctors reports which says how injured you really are.. Contracts, etc...CHECK EVERYTHING your LOUSY, LAZY & ARROGANT lawyer sends you.
Also make sure to include in your letter a request for a COMPLETE accounting of all monies or fees paid, or received by him. If you paid him cash money, check to see if your receipt given to you at the beginning, matches his receipt for moneys now being sent to you later. (Hey maybe he never gave you a receipt and he may deny you paid him a certain amount)
THEN you are off to the races and begin your search for a GOOD MALPRACTICE ATTORNEY depending on your situation.
If your situation involves let’s say the return of some settlement monies less than $10,000, or the return of some advanced or unearned fees which are less than $10,000, you may just be better off taking your LOUSY, LAZY & ARROGANT lawyer to Small Claims Court. Let’s say you retained a criminal attorney for some DUI matter. To “represent you in Court” this LOUSY, LAZY & ARROGANT lawyer asked $10,000 as an advance retainer fee from you. You paid the fee, he prepared some type of written defense, but he never filed said documents with the court, or he never showed up at the trial and you are found guilty and you lose your license etc...You ask for the return of a portion of the fee you paid. He tells you to go pound sand or totally ignores you. In this instance is probably easier to get a quicker resolution in Small Claims court. Remember that if you hire a NEW attorney to sue for a small amount of money, It could probably cost you more in additional fees.
BUT let’s say that at issue in your lost case is the loss of some BIG money or some uncompensated permanent injuries, or a corporate matter involving thousands and thousands of dollars or maybe even millions of dollars or maybe a court order denying you something valuable in excess of $10,000, or a court order ordering you to pay thousands and thousands of dollars to someone, all because of your LOUSY, LAZY & ARROGANT lawyer’s fault.
In that case as indicated you need to find a GOOD LEGAL MALPRACTICE LAWYER to fight with your LOUSY, LAZY & ARROGANT lawyer (legally speaking of course) It is always advisable to use the services of a reputable attorney referral service. There are several good ones. Don’t just choose someone from the internet, or a phone book, based primarily on their advertisement content. And by all means ASK IF HE/SHE has MALPRACTICE INSURANCE.. It's the law !! An attorney must have a Malpractice policy if he/she wants to Practice law in the State of California...
You must do a little homework and research their qualifications. You do not want to trade and go from BAD to WORSE. Ask the right questions. Normally a large firm who specializes SOLELY in Legal Malpractice matters will be a better choice than perhaps a solo operator who “specializes” in any matter and client that walks through his door. Ask things like, “what percentage of your cases get resolved without going to court” or “what is your win track record in the last 5 years” etc. Remember, Part of the problem for being stuck with your LOUSY, LAZY & ARROGANT lawyer, could be because the proper questions weren’t asked of him from the beginning BEFORE RETAINING HIM!
Also a new website called LawHelp.org may be of assistance. You can find them at: http://lawhelp.org/
( DISCLAIMER: No portion of this post should be considered as
giving legal advice, but is to be used for informational purposes only.
The publishers of this post are NOT lawyers and strongly urge its
readers to consult with a reputable legal professional or to contact the
State Bar Association for a proper referral)
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