Legal Malpractice?

Location: California

I am reaching out to see if there is viability regarding a potential legal malpractice claim arising from the handling of my sexual assault civil case.

In 2022, I was sexually assaulted at a spa in California. After reporting the assault to law enforcement, it was discovered that the perpetrator had an active felony warrant for sexual assault in Texas. He was subsequently arrested. I came forward with my story, and in total 6 other victims came forward. He was sentenced to two years in CA, and 2 years in Texas.

Following the assault, I retained representation for myself and two other victims to sue the business for lack of due diligence. They hired a sexual predator and did not conduct a background check. The firm handled our case for approximately four years. During that time, I relied on their guidance and believed they were actively pursuing a path toward justice and accountability. They repeatedly made it seem as though it would be an easy win.

I have serious concerns regarding the handling of my case, specifically regarding communication, transparency, investigation into financial recoverability, and whether I was provided with sufficient information to make informed decisions about continuing with litigation.

It is my understanding that the lack of insurance coverage and limited financial recovery options were not identified or communicated to me until approximately February 2026. I was later informed by my representation in May 2026 that there was absolutely no financial recoverability in the case because the business did not have an active insurance policy. The business had recently been shut down due to human trafficking, and there were no viable assets to pursue. At that point, the firm requested my permission to dismiss the case because they believed there was nothing further they could do. Given the circumstances and the information available to me at that time, I felt I had no practical choice but to agree.

My concern is that, had I been informed earlier about the financial limitations of the case, I may have made different decisions regarding litigation, settlement discussions, alternative legal strategies, or the pursuit of other avenues for accountability. I believe I was deprived of the opportunity to make fully informed decisions about my case because critical information regarding collectability and the viability of recovery was not communicated to me in a timely manner.

The impact of this delay has been significant. For four years, I continued through a prolonged legal process while repeatedly reliving the trauma of the assault. I believed the litigation process would provide accountability and closure, but instead, the uncertainty and lack of clarity regarding the case prolonged my distress and delayed my healing. During this time, I experienced substantial personal and financial hardship, including inpatient therapy, leaving my employment, going on disability, and exhausting my retirement savings and personal savings. I have been severely impacted by this news, and cannot believe that this is how things have ended.

Do I have a potential legal malpractice case here? This feel so wrong on so many levels.