I’m reaching out for advice regarding my roommate’s legal situation. She is a victim of domestic violence and has been struggling through the courts, but it turns out her lawyer has been a significant part of the problem. This lawyer has repeatedly failed to file necessary forms correctly, doing it wrong about 15 times. Additionally, there are various filings that my roommate cannot access because her lawyer is supposed to provide them but hasn’t. I’ve heard that it’s quite challenging to file malpractice claims against lawyers, as they often protect one another. However, this situation seems to be a clear case of malpractice. We don’t want to alert her lawyer to our awareness of his unprofessional conduct, especially since her ex has more financial resources than she does. During the last court hearing, the judge even had to tell the lawyer to stop interrupting my roommate. We’re looking for guidance on how to find someone who can assist in resolving this issue and ensuring my roommate receives proper representation moving forward.
It’s indeed hard to bring a malpractice suit against a lawyer, not because they stick together, but because winning such cases is difficult. You need to demonstrate that the lawyer’s actions fell below professional standards and that this negatively impacted the outcome of the case. This can be a challenging burden of proof, especially in cases like restraining orders where damages are less tangible.
Even if you don’t pursue a malpractice suit, it might be worthwhile to look into filing a complaint with the state bar. This could hold the lawyer accountable for their actions.
While filing a complaint is a good step, it’s important to clarify that California does not have a specific practice book like some other states. However, your roommate can definitely lodge a complaint with the State Bar regarding her lawyer’s conduct.
Filing a complaint with the state bar is free and could be a crucial step in addressing your roommate’s issues with her lawyer.
Absolutely, reporting the lawyer to the state bar is necessary. It could help ensure that they are held accountable for their unprofessional conduct.