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It could be your fault or a misunderstanding on your part. I'm my dealings with lawyers it's always been that any concrete things are dealt with in written for

It could be your fault or a misunderstanding on your part. I'm my dealings with lawyers it's always been that any concrete things are dealt with in written form. Things like hearing dates, requested information, etc... If you have something in writing, even an email or text message from the old lawyer saying the hearing date was set, but they never set it then you have something you can use. If there's nothing in writing then it becomes the he-said/she-said scenario and likely nothing to be done. With something in writing you might have a case of malpractice against the lawyer and you report the incident to the state bar. Lawyers are officers of the court and as such are held to a higher standard than average people. Failing to provide adequate legal counsel is one of those things they are held to. This may apply to your current attorney because if you have something in writing then they shouldn't be advising you too drop it. As far as your old and new talking together, if it's about the same matter this would be normal. Actually all notes, communication, etc... That the old lawyer had should be given to the new one. Because that information is yours not theirs.

mandmandam 4y ago
I have it in writing three times over. The lie is indeed a 100 on the insultingly obvious bullshit scale. Not an exaggeration. As I said, they confirmed the date and insisted on it, twice in one day, before changing the story that same day - now the date had "always" been tenuous, and I "was informed" of this. All of this is in writing, by email. I don't have the email from them to my current lawyer, but it was nothing except pushing him to push me to drop the issue. All handover was dealt with weeks ago. Re the state bar - is it reasonable to expect fairness from them? I've seen enough wagon circling enough times. Is there anywhere I could find stats or record of their actions, to show that they actually make decisions against their own sometimes? Thanks, btw.
- elmerfud 4y ago
  If you have information in writing that is a confirmed date for a hearing you might want to have that email reviewed by another attorney to see if potentially your misreading that as a confirmed date or if it's a probable date something like that. Lawyers are masters of the word game. If another attorney agrees that this looks like a confirmed date and then the later emails are saying that no it was never confirmed there's a couple of things to consider before there's any practical malpractice damages that can be collected. Did the lawyers lie to you impact you in any way financially or otherwise? If it was simply an inconvenience that whatever this entire process is was moved back a couple of months there's likely not going to be anything worth pursuing malpractice wise. Now if you had some financial venture based upon this and you planned based upon his hearing date and with it being a lie this now has cost you substantial sums money you may be entitled to some recovery for that. You can always report to the State bar again the actual impact to you of missing a promised date due to the lawyers failure will get weighed based upon the actual consequences to you. Lawyers tend to give lawyers the benefit of the doubt I think most people working in the industry do but reporting to the State bar is at a different level. Unless this first lawyer has some very strong clout they will review it based on its merits but again it will really come down to actual impact to you over the situation what's done.

mandmandam 4y ago

I have it in writing three times over. The lie is indeed a 100 on the insultingly obvious bullshit scale. Not an exaggeration. As I said, they confirmed the date and insisted on it, twice in one day, before changing the story that same day - now the date had "always" been tenuous, and I "was informed" of this. All of this is in writing, by email. I don't have the email from them to my current lawyer, but it was nothing except pushing him to push me to drop the issue. All handover was dealt with weeks ago. Re the state bar - is it reasonable to expect fairness from them? I've seen enough wagon circling enough times. Is there anywhere I could find stats or record of their actions, to show that they actually make decisions against their own sometimes? Thanks, btw.

elmerfud 4y ago
If you have information in writing that is a confirmed date for a hearing you might want to have that email reviewed by another attorney to see if potentially your misreading that as a confirmed date or if it's a probable date something like that. Lawyers are masters of the word game. If another attorney agrees that this looks like a confirmed date and then the later emails are saying that no it was never confirmed there's a couple of things to consider before there's any practical malpractice damages that can be collected. Did the lawyers lie to you impact you in any way financially or otherwise? If it was simply an inconvenience that whatever this entire process is was moved back a couple of months there's likely not going to be anything worth pursuing malpractice wise. Now if you had some financial venture based upon this and you planned based upon his hearing date and with it being a lie this now has cost you substantial sums money you may be entitled to some recovery for that. You can always report to the State bar again the actual impact to you of missing a promised date due to the lawyers failure will get weighed based upon the actual consequences to you. Lawyers tend to give lawyers the benefit of the doubt I think most people working in the industry do but reporting to the State bar is at a different level. Unless this first lawyer has some very strong clout they will review it based on its merits but again it will really come down to actual impact to you over the situation what's done.