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Legal Malpractice for Lemon Law

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  • 03-01-2007, 04:24 PM
    mleonard
    Legal Malpractice for Lemon Law
    Looking for some advice. Hired a firm to represent us in a lemon law case. Went to settlement yesterday and found out that the Attorney did not meet the deadlines for submitting all of our evidence and had $3000.00 worth of sanctions against them. The opposing attorney was filing for all of our evidence to be inadmissable if we went to Trial on the 5th of March. The pro-tiem judge we had pretty much told us we were lucky they were even talking to us about fixing the mortorhome because if we went to trial, it would most likely be dismissed since we would not be able to prove our damages since the evidence would not be admissable. We were forced to settle with the manufacturer just repairing the motorhome, even though we had 13 repair attempts and over 400 days without the motorhome for the same issues. We had qualified for the lemon law but got ripped over a law firm who stated in some court documents I briefly got to read, that they were to busy with trials to submit the stuff before the deadline. They also never attended our depositions or the settlement conference. They hired contract attorney's who knew nothing about the case to appear. Yesterday, when we found all of this out, we did not know what to do and the contract attorney could not advise us what to do. We are just sick about this. We basically lost a good case due to negligence. Any advise???
  • 03-02-2007, 02:59 PM
    mleonard
    Re: Legal Malpractice for Lemon Law
    I forgot to mention, this case is in California
  • 03-02-2007, 03:08 PM
    seniorjudge
    Re: Legal Malpractice for Lemon Law
    Hire a legal malpractice attorney to evaluate your case.
  • 03-02-2007, 07:29 PM
    aaron
    Re: Legal Malpractice for Lemon Law
    I would have a frank discussion with the lawyer about the fact that they messed up the case, and see how they reply. It's a bit nerve wracking to do that (perhaps a lot?), and often law firms will get very defensive, but some will actually do the right thing when they make a mistake. Many do not want a claim made against their malpractice insurance, or to be hauled into court to defend a legal malpractice claim.
  • 03-05-2007, 03:57 PM
    mleonard
    Re: Legal Malpractice for Lemon Law
    I did contact them several times via voicemail with no response. I finally found all of the firms email address' and sent them an email asking them what they intended to do to compensate us. The main Attorney replied stating that he was surprised at my accusation and that since we settled in a court of law under oath, which we were not sworn in, if that matters or not, that we were done. He did ask me to forward the evidence I had against them. I told him that the court documents were evidence enough and he replied that he would go over the file today with the Attorney that handled the case and respond to me in writing. We will see how that turns out. I am not confident this could end that easily, but we will see.
  • 03-05-2007, 03:59 PM
    mleonard
    Re: Legal Malpractice for Lemon Law
    I was advised off the record by the judge that handled our settlement conference and by the contract Attorney that was hired to represent us at the settlement to contact the California Bar Assoc. referral service. I did that on the 1st of March and have not heard back from them. I am trying to find someone that I can trust to talk to about this case. If anyone knows of a good trustworthy legal malpractice Attorney in Northern California, I am looking. Thanks!
  • 06-17-2008, 01:45 PM
    mleonard
    Re: Legal Malpractice for Lemon Law
    Quote:

    Quoting seniorjudge
    View Post
    Hire a legal malpractice attorney to evaluate your case.

    We did hire a local attorney that specializes in legal malpractice. The firm has been served and we have discovered they are uninsured. The firm and the actual attorney we are suing state they have no professional liability insurance yet they are a firm practicing in many states. Now we have to decide what to do next as we have already spent 7500.00 in legal fees and will need about another 35,000 to finish this up. SInce the only recourse is to attach the assets of the firm if we win, this is risky. Does anyone out there know of another option. They should not be able to get away with this.
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