Legal Malpractice

[tchameleon]

I believe this would fall under Legal Malpractice. I suffered a personal injury when I slipped and fell getting out of the bathroom tub. I ended getting a concussion and cracked my head requiring stitches. I got an attorney where I live (Northern California). The case ended up being transferred to an attorney in Southern California. The case was settled for $5K which I was entitled to 70%. The check was sent sometime mid-2006 to the southern California attorney who was handling the case. To this date I have not seen one penny of the settlement. I also know for a fact the attorney has cashed the check. The other party involved confirmed the check has been cashed sometime mid-2006. I've called my attorney off and on since mid-2006 about 10-15 times. Most of the time he never returns my calls. The other times he gives me excuses. He has told me the check is in the mail when he never sent it. I call and he says he will cancel the check and send another check. Never received it. I keep getting the run around. This is borderline criminal since he is basically stealing my money if he never sends it to me. Can he be arrested or sued in small claims court? We have already contacted the Better Business Bureau and are in the process of contacting the bar association. What other steps should I take?

File a complaint with the State Bar if you have to. They will get it resolved.

Ron Hendrix is the principal owner of the Law Office of Ronald L. Hendrix, P.C. He has a comprehensive family law practice where he focuses on divorce, separation, parenting plans, asset allocation, and inter-family relationships.

Mr. Hendrix

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