Malpractice Legal

[Marco]

I hired an attorney to negotiate and if possible to settle a copyright dispute. One day, my attorney reported me that he had to travel and visit the complainant's attorney. Without my authorization, he traveled to meet the complainant's attorney, nor he reported me any details discussed at the meeting. About three weeks after, the complainant's attorney served me with a lawsuit. Meanwhile, I learned from the complainant's attorney that my attorney got informed at the meeting that they will file action against me. I feel in such a case, my attorney should have informed me that the complainant will sue me, so could have taken additional steps to settle the case before a lawsuit got filed. I don't know if this could be considered as legal malpractice. Also, I would like to be advised if an attorney can travel to the complainant's attorney without my authorization.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Attorney can travel without your permission BUT if he does, he cannot charge you for it if you didn't agree to it. Chalk up to his loss.


As for what he did, there are certain elements that must be satisfied regarding legal malpractice. But essentially, it would be if the outcome would have been different had he not done what he did and settled (as your wishes). There has to be a nexus.

So.......your best bet (and in copyright believe me he should have been able to settle either flat fee/assignment/license agreement/future royalties) is to contact a legal malpractice attorney to sue him OR call the state bar and file a complaint and see if they have client reimbursement (security funds) accounts applicable to your situation.