California Attorney Malpractice

Send your attorney a certified letter containing the basic facts you outlined above, and state that if you do not speak to or otherwise receive a message from him or her 48 hours after receipt that you will file a complaint with the California State Bar.

Under the California Rules of Professional Conduct, and specifically Rule 3-110 an attorney has a duty to perform legal services with competence, where competence is defined as "1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for the performance of such service." Also, under Rule 3-500, an attorney must "keep a client reasonably informed about significant developments relating to the employment or representation, including promptly complying with reasonable requests for information..."

Because your attorney accepted a fee to perform services, and has apparently not performed them or communicated to you as to why, he or she is probably in violation of California's Rules of Professional Conduct.

If the attorney does not communicate to you in 48 hours after receiving the letter, then contact the California State Bar and file a complaint. The State Bar will investigate your complaint, and inform you of your rights under California law. You may have a cause of action (legal reason to file a lawsuit) against your attorney if his or her inaction caused you harm.

One final thought: For readers in other states who have similar circumstances, all US jurisdictions have similar rules and state bar organizations that license and investigate allegations of attorney misconduct. The rules I cite above are particular to California, but all states have similar rules and protections for consumers. Search for your state's state bar to learn the professional responsibility rules that protect you.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com