Florida residents may know Lenny Dykstra from his days playing baseball for the Philadelphia Phillies. However, he has recently pursued legal action against lawyers who represented him in a case stemming from an incident in 2012. The legal malpractice suit against Boucher LLP was filed in February 2017, and it claims that his attorneys failed to do anything meaningful during a discovery period. According to the complaint, the firm was retained by Dykstra in September 2015.
The malpractice suit claims that he would have received a better outcome in a lawsuit against deputies who Dykstra says assaulted him while in their custody. According to representatives from Boucher, Dykstra repeatedly lied to them and had little chance of winning his case. In September 2016, the firm had a meeting with him to announce its intention of withdrawing from the case. However, he decided to terminate his legal counsel during the meeting.
Boucher has recently filed a motion seeking to have Dykstra’s current counsel disqualified from the case. He is currently being represented by Pierce, Bainbridge, Beck, Price & Hecht LLP. The motion was based on an email it received from an attorney from that firm asking the head of Boucher LLP if there was a possibility of settling the matter. While a judge agreed that the action was improper, disqualification was not deemed to be an appropriate consequence.
If an attorney engages in negligence, it may be possible to take legal action against that individual. Generally, negligence occurs when an attorney takes an action to breach a duty of care to a client. A new attorney may be able to review the case in an effort to determine if negligence occurred.