Can I sue my former lawyer in small claims court in CA?

by **jarel** » Thu Oct 27, 2011 1:56 pm

I retained a lawyer on a flat fee basis for a custody modification. He has abandoned me as a client, among other issues. He didn't prep for my case at all, and in fact could not remember my name (he told me to be okay with having him call me "Donna," which is NOT my name!!!). He asked that I release him as my lawyer in December, which I did not since that would mean he got all my money without finishing the job. He mailed me a notice that he'd terminated representation because the case was over and a final ruling had been entered about two weeks before our last court hearing. He did not represent me at that hearing. A month later he filed a court order for the ruling from the November hearing, without including changes from the March hearing he did not attend. He based the ruling he filed on recommendations from an investigator and did not include changes the judge had made, eliminating classes my ex was to take, websites he was to participate on and even giving my ex an extra day per weekend (which my ex didn't want, so the lawyer eliminated it while calling me "disturbing"). I could go on for days about the bizarre stuff this guy did and yes I am reporting him to the bar. That does me no good though, since all they can do for me is try to get him to give me my case file back. I need the money I spent on the flat fee returned and will also need more than that to correct the mess he's made of our case in court. For example, we now have two active case numbers on our family law case so two competing orders, both technically valid. He included fixing this on a bill but didn't actually do it, so I'll have to pay another lawyer to sort this out. I'd like to take him to small claims for the maximum of $7500 to at least get a start at fixing the damage he's done. I have no money to retain a malpractice attorney and understand that none would represent me on contingency. I cannot go through a long trial because I'm a single mom with two special needs kids and will be moving to another county soon. Small claims seems like my best bet.

Is it possible to sue an attorney in small claims court for breach of contract, or is there some reason it can't be done? Can he counter-sue me (something he's likely to do because he's a mean and nasty guy)? I've never heard of a lawyer being taken to small claims but can't see a reason why not, unless there's something I'm missing???

by **iker** » Thu Oct 27, 2011 2:10 pm

Can you sue him in small claims court? Yes. And just because you've never heard of it, doesn't mean that it doesn't happen fairly regularly.

You need to wait until the bar association completes its investigation. If you can get a finding from the bar that he behaved inappropriately and/or unethically you will be able to use that as evidence against him.

by **sayre** » Thu Oct 27, 2011 2:18 pm

Can you sue him in small claims court? Yes. And just because you've never heard of it, doesn't mean that it doesn't happen fairly regularly.

You need to wait until the bar association completes its investigation. If you can get a finding from the bar that he behaved inappropriately and/or unethically you will be able to use that as evidence against him.

You can sue but you will lose. File a complaint with the bar association. You can get the number from your courthouse.

by **muata2** » Thu Oct 27, 2011 2:22 pm

You don't want to do that. He will do everything he can to run up your legal fee and you will not be able to stay the fight. File a complaint for sure.

by **hardin** » Thu Oct 27, 2011 2:26 pm

Sue him in civil court for malpractice. Your damages are likely well above the limit imposed by small claims court.

by **bing49** » Thu Oct 27, 2011 2:36 pm

File a complaint with the bar association first.

by **adamka** » Thu Oct 27, 2011 2:48 pm

Artemis gave you the best answer. I am an attorney in California and I have gone to small claims court before over fee disputes. It is possible and yes, you can win. It sounds like this guy is very careless with his clients. Such errors will exonerate you in your case against him. If you have the State Bar finding of negligence on your side, your argument is most likely to prevail.
That said, I hope you are able to take him to the Superior Court where you can get a judgment against him for all of your losses.

by **herald** » Thu Oct 27, 2011 2:50 pm

Reading between the lines, I get the impression that you did not get all that you wanted in court. This happens, just because you go to court does not make you an automatic winner.Its over take what you have and move on with your life. Divorces are never nice and friendly, they are worse than a murder trial for most people. As I have said move on and make a new life. You are wasting your time trying to sue, the lawyer did his best and to sue you have to prove gross negligence and losing is not negligence.

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