Summary
Christophers attorney settled his personal injury case without his consent and agreed to the case being dismissed with prejudice without consulting him. This could potentially be a violation of the California Rules of Professional Conduct 1.2(a). Christopher is advised to file a complaint with the State Bar. He is also advised to consult another attorney regarding potential malpractice. Christopher has tried contacting many attorneys but has not been successful. He is advised to reach out to legal aid organizations or the California or Nevada State Bars referral service. Christopher is also advised to try contacting smaller, more specialized law firms or solo practitioners. He is also advised to consult with a legal professional who specializes in legal malpractice.Full Conversation
i have a personal injury case where my attorney settled the case without settlement authority and agrred to the case being dismissed with predkudice without consulting me.
Hello Christopher, I understand your concerns. This is a serious issue as attorneys are obligated to consult their clients before making any decisions. In California, this could potentially be a violation of the California Rules of Professional Conduct *.*(a). You may want to consider filing a complaint with the State Bar.
The case was in Nevada, however, they state that they only look into if he did violate the attorney rules of conduct by they can nnot reverse any court decisions.
Hello Christopher,
In Nevada, you can report the misconduct to the Nevada State Bar. They can investigate and discipline the attorney. However, they cannot reverse the court's decision. You may want to consult another attorney regarding potential malpractice.
I have contacted many attorneys to no avail. They advertise that they do cases like mine but I cant find an attorney that is willing to help even though the evidence is clear.
I understand your frustration, Christopher. You may want to try reaching out to legal aid organizations in your area, or consider contacting the California or Nevada State Bar's referral service. They might be able to connect you with attorneys who are able to assist with your situation.
the calfionia bar can help in NV/
Yes, the California State Bar's Lawyer Referral Service may be able to refer you to attorneys who are licensed in both California and Nevada. You can reach out to them for assistance.
I aslo contacted one of the big attorneys that advertise on tv and they were not interested in yaking my case. I think that it is because the defendent is a very large casino. They appear to be intimidated when they hear who the defedent is.
I understand your concern, Christopher. It's unfortunate but sometimes attorneys may hesitate to take cases against large entities. You might want to try contacting smaller, more specialized law firms or solo practitioners who may be more willing to take on a challenging case.
The case was tried in court. The attorney messed up at the negoation part. The case was in court for *.5 years. The attorney should have obtained my permisssion and explained the details of negotiating the case better to me. Other than that the only other detail yjay an experienced attorney told me is that the attorney should have implemented an expert witness. Why he settled in the end without me is concerning but a good lawyer should be able to redo the negotiation process becaise the defendnets attorneys has checks on hold waiting ofr me to sign the setttlement documents that the attorney agreed to. One attorney told me that I have to settle this case before I can start a legal malpratice case but without help I cant settle. the attorney has ne caught in limbo
Hello Christopher, I understand your frustration. It seems like you're stuck in a difficult situation. While it's true that attorneys have the duty to communicate with their clients, they also have the discretion to make certain decisions. I strongly recommend that you consult with a legal professional who specializes in legal malpractice. They can provide you with specific advice based on the details of your situation.
Thankl you
You're welcome, Christopher. If you need further assistance or have more questions, feel free to ask. Remember, it's important to consult with a legal professional for advice tailored to your specific situation.
You said that attorneys have the dsicretion to make certian decisions, however, he is now not around to answer questions or for me to get the documents.
I understand your concern. In California, attorneys are required to return all client property and files upon termination of representation as per California Rules of Professional Conduct *.*(e). You may need to send a written request to your former attorney for your documents.
The state bar has wriiten him a letter because I filed a formal complaint due to the attorney not responding to emails, text, or phone calls. his cell phone has also going to voicemail for over a month since he dismissed the case. other attorneys have not been able to get returned phone calls from him either so that makesthings even more difficult.
I understand your frustration, Christopher. In such situations, you might want to consult with another attorney or legal aid organization to explore your options. They may help you get the files or take further action if required.
ok, thanks again.
You're welcome, Christopher. Please know that we are here to help. Feel free to reach out if you have more questions or need further assistance. Good luck with your case.