Legal Malpractice Case Review

Summary

In California, contingency fee agreements must be in writing and signed by both parties. If a lawyer settles a case without proper authorization, the settlement can be contested. NDAs in sexual assault cases may be unenforceable. Legal malpractice may occur if a lawyer abandons a client or mismanages a case. Court approval is required for an attorney to withdraw from a civil federal case, and the clients consent is not strictly necessary, but good cause must be shown. The timing of withdrawal, especially after a settlement, may raise concerns with the court.

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in California if a lawyer did not have their client sign a contingency contract and then made an error causing harm to the client while also pushing him into a NDA through a settlement agreement that is illegal in California because it's a sexual assault case where the defendants were dismissed leaving two left with the case still open, could the settlement contract be void if the lawyer technically, on record, was not hired to go against the defendants and those in the agreement. The lawyer did not have the client sign a new agreement for the case he messed up with the illegal nda because he forgot and still charged the client and took *% of their settlement as a fee while also causing the clients credibility to be questioned because the defenendants are now going on the news saying the whole case was dismissed and the client chickened out and dismissed the whole thing
It sounds like a complicated situation. In California:
- Contingency fee agreements must be in writing and signed by both parties.
- An NDA in a sexual assault case may be unenforceable.
- Any settlement obtained without proper authorization can be contested.
Do you have an attorney to review this situation?
could all this happen cause the case to be reopened and brought to trial
Case Rating: *.
Your situation is quite complex and may involve multiple legal issues. If the contingency fee agreement was not signed, the NDA is potentially unenforceable, and the settlement was improperly handled, there may be grounds to reopen the case and contest the settlement.
Do you have any documentation of the original agreement or the settlement process?
The original agreement with the lawyer is against a different companyfor different reason but they decided to go after the defendant instead that settled for a different reason
Given the situation, it's possible that you have grounds to contest the settlement and potentially reopen the case due to the improper handling of the contingency fee agreement and the NDA.
To proceed effectively, collect all documentation related to:
- The original agreement with the lawyer.
- Any communication regarding the settlement.
- The NDA and any related documents.
Consider consulting another attorney who specializes in legal malpractice or client rights to review your situation comprehensively.
Do you need help finding a lawyer who specializes in this area?
that same lawyer also abandoned the clients while the case is still open with other defendants and still took his fee and the percentage that was listed in the agreement was for another case
It sounds like you may have a strong case for legal malpractice. Here are some points to consider:
- Contingency fee agreements must be in writing and signed by both parties.
- NDA in sexual assault cases may not be enforceable.
- Settlements obtained without proper authorization can be contested.
- Lawyer abandonment can be grounds for malpractice.
Do you need help finding a lawyer who specializes in legal malpractice in California?
How was the settlement obtained without proper author
It's essential to clarify how the settlement was obtained without proper authorization. Here are some points:
- Unauthorized Settlement: If the lawyer settled without your consent or proper documentation, the settlement could be contested.
- Legal Malpractice: Abandonment and mismanagement of the case can be grounds for legal malpractice.
- NDA Issues: An NDA in a sexual assault case might be unenforceable in California.
Do you have any documentation of the communications or agreements that could support your claims?
we're not having a contingency or contract signed between the client and the lawyer make the settlement agreement to be unauthorized
It sounds like you might have a strong case for legal malpractice. In California, contingency fee agreements must be in writing and signed by both parties. If your lawyer settled without proper authorization, the settlement can be contested. Additionally, NDAs in sexual assault cases may be unenforceable.
Do you need assistance finding a legal malpractice attorney in California?
Does the contingency agreement not being signed technically against these defendants but for other defendants that they were thinking of going after make him arranging settlement and cohering the client to settle be unauthorized
It sounds like you have a potentially strong case for legal malpractice. In California:
- Contingency fee agreements must be in writing and signed by both parties.
- Settlements obtained without proper authorization can be contested.
- NDAs in sexual assault cases may be unenforceable.
Would you like assistance in finding a legal malpractice attorney in California?
in California can I offer from withdrawal from a case that's in civil federal court without having a client sign a consent form
In California, you generally need court approval to withdraw from a case in civil federal court, and the court may require you to provide notice to your client. If the client does not consent, you may need to demonstrate good cause for withdrawal.
Would you like more detailed information on the process for seeking court approval to withdraw?
Does the client need to consent to their withdrawal
In California, a client's consent is not strictly required for an attorney to withdraw from a case. However, the attorney must obtain court approval and may need to demonstrate good cause for withdrawal. Courts generally consider the client's interest and the timing of the withdrawal.
Would you like more detailed information on the process for seeking court approval to withdraw?
if they go to withdrawal on a trafficking case during trafficking awareness month and did it right after they collected a settlement with that raise flag to the judge that would have to approve it
Yes, it might raise concerns with the judge. Factors include:
- The timing of withdrawal.
- The recent settlement.
- The nature of the case (trafficking during awareness month).
These could suggest the withdrawal isn't in the client's best interest.
Do you need assistance finding a legal malpractice attorney in California?