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Malpractice and fraud

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What is the name of your state? CA

I consulted with 3 malpractice attorneys regarding my case. All of them said my case was too small for them to take. However, they did give me a lot of free advice, and I have a question about what one of them said.

He advised me not to claim fraud because that would leave my attorney without malpractice coverage. I would like feedback regarding the advisibility of including fraud in a claim for malpractice, breach of contract and breach of fiduciary duty with approximately $50K in damages.

I think a fraud claim is warranted for the following reasons:

1. I was charged hours for simple tasks, yet the quantity and quality of errors--both material and careless--indicate that everything was done in a big rush.

2. There were many suspicious charges on my bill (e.g., 11.5 hours on a Sunday when there was no deadline approaching).

3. There was no work product, other than documents officially filed with the court. There were no notes or memoranda, and no record of any research allegedly done.

4. My attorney withheld information from me regarding an issue for which I was charged $21,000.


Senior Member
Fraud claims usually require proof of intentional conduct . Intentional conduct is excluded from liability policies. Whether intent is interpreted by the court to me intent to induce an agreement or intent to harm depends on the state.

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