| Attorney doesn't seem to be representing me properly. Is it malpractice?
What is the name of your state (only U.S. law)? California
First, thank you for your time and williness to read this post.
I was in a car accident 5yrs ago that was deemed 100% the other person's fault. I hired an attorney 4.5yrs ago. In the beginning he told me that it could take up to 2years. I agreed and put my trust in him. So time goes by and we make it to court. Once inside, he was scolded by the judge for not only requiring that I be at the hearing, but because the paper work was filed with the wrong court. She ended up fining him 1500 dollars.
Eventually he filed with the correct court and I received a judgement. Since that time, my attorney has done little work on my case. I call every 2-3 months to get a status and for the first 1.5 years it was ok. Howevever, the summer of 2007 I began noticing that people I knew were in accidents and were collected within a couple of months. So I became suspicious and requested a copy of my file 9/07, which I didn't receive it until 12/07. During that 3 month period where I requested my file, I called 4 times all of which went unanswered, until I finally stepped out of my element and explained that I was upset with him for denying me a copy of my file and that I was left with no choice but to file a complaint with the BAR. The next day my file arrived by overnight UPS with a later stating he was sorry for the delay and went on to explain the delay in settling the case because the notice was filed in the wrong newspaper and that the license suspension paper work he filed with the DMV for the driver was returned due to insufficient funds from his account. Now I am really worried! According to the letter he resent a new check and would have the information he needed in order to begin negotiations with the insurance company within 10 days. That was December of 2007. Since that time I have called 6 times and never received a phone call. So earlier this year I went to see a different attorney for advice on how to handle the situation. He advised me to write a letter demanding that my case be settled within 30 days; that it was more than plenty of time considering the circumstances. He also said that it sounded to him that he messed up the case somewhere along the line and is trying to avoid me in hopes that I will just go away. In which case, I would have a law suit against him for malpractice.
Today, I went by his office to see if he is still in business. He answered the door and basically told me there was nothing he could do because the insurance company is telling him they cannot find the account associated with the policy number that was provided. But, again - my insurance company was reimbursed and has stated that legally they cannot do that - if I choose to believe my attorney. After looking at the case file further, there is no evidence that he has even contacted the driver's insurance company. And the policy number that was used for my insurance company to get reimbursed is entered on several pages of the file. At this point I fear that he has damaged my case and it is going to cost me a bunch of money to try and recover the judgement in a malpractice suit against him.
My questions to you:
1. Based on my side of the story do you think he has damaged my case and hoping that I'll just go away? If so, does it sound as though I have a case for malpractice?
2. Should I file a complaint with the BAR?
3. Now that I have a judgement, can I legally just bypass him and go directly to the insurance company and present them with the judgement and negotiate payment? Or, should I fire my present attorney and hire a new attorney?
4. Is this a lost cause?
Again, Thank you! | 
12-04-2008, 05:37 AM
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