Attoroney malpractice & missed a court date

[genesee]

What is the name of your state? California

My friend hired an attoroney, and he's been a problem.
Recently, My friend got warrant. Then the attoroney and my friend went to court on monday to take out his warrant, but all the courtroom was full, so he couldn't get a room. And, somehow, he even did not get a next court date to get the warrant off. My friend was saying I just waisted my time, he looked busy, and did not do nothing for him. The next day, my friend went to court by himself to take care of this warrant, and got in costody by the order from a judge.

I tried to contact his attoroney, but I could only talk to a secretary and leave message. and he never call me back. After that, my friend's aunt called the secretaly several times, and finally caught him, and he got a courtdate on next week monday. Me and the aunt were expecting him to get a court date next day or two for my friend to get released, but the attoroney was not willing to get another court date.

And then, next monday,the courtdate, the attoroney did not show up on the court. Me and the aunt tried to contact him, but the secreatary said that the attoroney is in court. But, he never contact us at all. Therefore, we had to hire a public defender on that court date. Fortunately, he got released, but the attoroney has not been respond us at all. My friend made phone call several times, and send a fax with a copy of faxed confirmation. It's been 2 weeks since he sent a fax and made last call. My friend case is still continuing, and there's a trial on 6/ 14/05. We are in a big trouble because My friend have to hire another diffence attoroney but, there is a big financial problem.

so,I consider to file a lawsuit against the lawyer. My question is
1) Should I hire a lawyer? It seems like simple case,I have official document that the attoroney did not show up the court, and did not respond us. I'm very tight on money theseday because of all legal cost prus I'm a full- time student. So, If I can solve this case at low cost by not hiring a lawyer, I want to take that way.

2) the amount my friend paid the attoroney so far is $3000. total amount the attoroney was asking for him is $5000. How much my friend can ask him to pay back?

Thank you for reading my post. I will appriciate your feedback.

 

[rmet4nzkx]

Contact the bar association in the county where the attorney works and tell them the problem and that there is a fee dispute, they can help. Has he hired another attorney?

 

[stephenk]

why are you hiring an attorney? for yourself or for your friend?

have your friend write to the attorney demanding his file and a refund of unearned fees from the retainer. In the meantime have your friend hire a new attorney ASAP.

 

[genesee]

My friend has not hired another attoroney yet because of the money issue. Actually, my friend just told me that the attoroney called him and left a message saying like "That was a mistake,... I still want to represent you, please call back." The attoroney is totally untrustable, so I don't wanna use him, but because of the financial situation, it is almost impossible to find trustworthy and afforable attoroney by the trial.

My friend was planning to just use a public defender. But, I heard that a public defender does not really work for the defendent but the court. so, I'm not sure this is a right choice.

Should I keep the attoroney? or should I use a public defender? or any other way to solve the situation?