What would be the best way to deal with an attorney mishandling a case?

KingstonBailey

New Member
Jurisdiction
California
This isn't an inquiry for myself, but for my mother (69F). She suffered a workplace injury (several, actually) while employed at a certain California theme park (where her "boss" was a certain rodent). She hired an attorney to handle her case after her initial injury in February 2018. Her attorney has unfortunately mismanaged the case to the point where she has failed to receive any proper medical attention and she has been told by a private doctor that she is now too old/the injury has gone untreated for too long that she is not a good candidate for the surgery she would need. There was one particular paralegal who continually gave her the runaround, said he was working on the case, but nothing was ever really progressing. My mother inquired about getting a new attorney, but was told that no other attorney would take on the case, so she should just make do with the attorney she had and hope for the best. In the past couple days, my mother just learned that she missed an important doctor's appointment that had been scheduled in January of this year, but the paralegal never communicated anything with the doctor's office, the former employer, or my mother. Even when my mother requested to have the Doctor's contact information yesterday, he refused to give the telephone number (he finally did provide the doctor's name and office address). My mother has been enduring YEARS of extreme pain due to other's incompetence, was forced to retire early (thus being forced to miss out on additional wages which could have increased her social security payments), and the financial difficulties have added additional stress as she struggles to afford basic necessities. I was hoping to get some advice as to what next steps could be….would it be possible that a new attorney would take on not only the workers comp case, but also help in seeking justice from the attorney who has completely botched my mother's case?? Any advice is welcome and appreciated. Thank you.
 
I was hoping to get some advice as to what next steps could be….would it be possible that a new attorney would take on not only the workers comp case, but also help in seeking justice from the attorney who has completely botched my mother's case?? Any advice is welcome and appreciated
Your mother can file a dispute with the CA Bar Association.

This is their website:



Once you've decided to take your grievance about an attorney to the State Bar, you need to file an attorney complaint form.

Attorney complaint forms

Unauthorized practice of law complaint forms

The State Bar's Office of Chief Trial Counsel handles complaints about unethical attorney conduct from several different sources, including clients, family and friends of clients, courts, opposing counsel, members of the public or other third parties, and anonymous submissions.

With the exception of anonymous complaints, the State Bar notifies the complainant of receipt of the complaint. An experienced State Bar attorney will review the complaint to determine if the facts are sufficient to show that an ethical violation occurred. Additional documents from the complainant may be needed to complete this evaluation.

If the review determines that the alleged facts establish a violation, the matter will be investigated. Complaints and investigations are confidential.

If, after investigation, the evidence does not establish a serious violation, the State Bar may issue a warning to the lawyer. The State Bar could also issue an Agreement in Lieu of Discipline (ALD), in which the lawyer agrees to take corrective action. Neither a warning nor an ALD are considered discipline.

If the State Bar decides to file charges against the lawyer, the case will go to the independent State Bar Court and will become public, with notice on the attorney's online profile. A judge can dismiss the case, issue a reproval, or recommend suspension or disbarment.The California Supreme Court has the final say in all discipline cases involving suspension or disbarment.

What happens if my attorney is disciplined because they stole my money?

If you lost money or property because a lawyer did something dishonest, you may be able to recover it by filing an application with the Client Security Fund. But first you need to file a complaint against the attorney.

If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.

Related Links

 
Your mother can file a dispute with the CA Bar Association.

This is their website:



Once you've decided to take your grievance about an attorney to the State Bar, you need to file an attorney complaint form.

Attorney complaint forms

Unauthorized practice of law complaint forms

The State Bar's Office of Chief Trial Counsel handles complaints about unethical attorney conduct from several different sources, including clients, family and friends of clients, courts, opposing counsel, members of the public or other third parties, and anonymous submissions.

With the exception of anonymous complaints, the State Bar notifies the complainant of receipt of the complaint. An experienced State Bar attorney will review the complaint to determine if the facts are sufficient to show that an ethical violation occurred. Additional documents from the complainant may be needed to complete this evaluation.

If the review determines that the alleged facts establish a violation, the matter will be investigated. Complaints and investigations are confidential.

If, after investigation, the evidence does not establish a serious violation, the State Bar may issue a warning to the lawyer. The State Bar could also issue an Agreement in Lieu of Discipline (ALD), in which the lawyer agrees to take corrective action. Neither a warning nor an ALD are considered discipline.

If the State Bar decides to file charges against the lawyer, the case will go to the independent State Bar Court and will become public, with notice on the attorney's online profile. A judge can dismiss the case, issue a reproval, or recommend suspension or disbarment.The California Supreme Court has the final say in all discipline cases involving suspension or disbarment.

What happens if my attorney is disciplined because they stole my money?

If you lost money or property because a lawyer did something dishonest, you may be able to recover it by filing an application with the Client Security Fund. But first you need to file a complaint against the attorney.

If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.

Related Links

Thank you so much!
 
Would it be possible that a new attorney would take on not only the workers comp case, but also help in seeking justice from the attorney who has completely botched my mother's case?? Any advice is welcome and appreciated. Thank you.

Not many lawyers are going to be specialists in both worker's comp claims and attorney malpractice claims. You may be able to find a sizeable law in your area that has both a worker's comp lawyer and a legal malpractice lawyer. That's what I'd try to find first if I were in your mother's situation.
 
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