how can i sue my lawyer

^{How to Sue a Lawyer for Misrepresentation & Incompetence}

• Make Sure You Have a Case. In order to win a legal malpractice suit, you have to show that the attorney's behavior fell short of that standard.
• Make Sure You can Still Sue. Most states set a time limit, or "statue of limitations," which sets a limit within which you must file your lawsuit.
• Making Your Complaint. Contact the clerk of court in the county in which the malpractice occurred. ...
• Serving the Attorney. The next step consists of serving a summons to the lawyer, which must be delivered in person. ...
• Negotiate, or Try the Case. At this point, the options are to go to trial or negotiate a settlement. ...

Full Answer

How you can sue without hiring a lawyer?

Mar 10, 2022 · Average star voting: 4 ( 20846 reviews) Summary: The New Jersey legal malpractice lawyers at Blume Forte represent victims of attorney malpractice in NJ. Call today for a free legal consultation. 973-845-4421. Match with the search results: If you want to sue for legal malpractice, do it as quickly as possible.

Is it possible to sue your own lawyer?

Steps to Take to Sue Your Lawyer for Malpractice Obtain your case file from your original attorney;. Gather all documentation pertaining to the original case;. Contact a legal malpractice attorney;. Schedule a consultation with the legal malpractice …

How and when to sue your lawyer?

Today, however, we’re going to be focusing specifically on how to sue a lawyer for misconduct. Step 1: Compiling Evidence Misconduct is a very serious offense for a lawyer to be charged with. If found guilty, the lawyer in question could lose their license to practice law, so this is not a charge that is taken lightly in courts.

How much do I owe my lawyer?

Mar 16, 2019 · How to Sue a Lawyer for Misrepresentation & Incompetence Make Sure You Have a Case. In order to win a legal malpractice suit, you have to show that the attorney's behavior fell... Make Sure You can Still Sue. Most states set a time limit, or "statue of limitations," which sets a …

How to pursue a malpractice case?

Before pursuing a legal malpractice case, pull together all relevant documents and information. Collect communications between you and your lawyer as well as information about the case that led you to hire the attorney in the first place.

What are the common mistakes lawyers make?

However, we tend to see common mistakes that lawyers make over and over, including: 1 Inaccurate billing; 2 Missed deadlines; 3 Failing to communicate with the client; 4 Settling a lawsuit without the client’s consent; 5 Giving inaccurate legal advice; 6 Stealing or losing money or property that belongs to the client; 7 Incompetently drafting legal documents that do not protect your rights; 8 Failing to file a case before the expiration of the statute of limitations; and 9 Taking a case despite an existing conflict of interest.

What is a missed deadline?

Missed deadlines; Failing to communicate with the client; Settling a lawsuit without the client’s consent; Giving inaccurate legal advice; Stealing or losing money or property that belongs to the client; Incompetently drafting legal documents that do not protect your rights; Failing to file a case before the expiration of the statute ...

Do lawyers have to be perfect?

Lawyers are not required to be perfect or even win your case. However, lawyers must use the same care, skill, and diligence possessed by other lawyers in their community under similar circumstances. A negligent lawyer fails to uphold this requirement, resulting in a less favorable result for their client.

What is a duty of care agreement?

Typically, a verbal or written agreement between the parties exhibits an attorney-client relationship. A duty of care requires an attorney to use the same care, skill, and diligence possessed by other lawyers in their community under similar circumstances.

What is breach of care?

Breach. A breach occurs when a lawyer fails to exercise reasonable care in your representation. For example, if the standard of care includes filing pleadings on time and your attorney misses an important deadline, they will have breached the standard of care.

What is causation in a case?

Causation. Proving that, but for the attorney’s negligence, you would have obtained a more favorable settlement or outcome establishes causation. In other words, the harm you suffer must follow directly from the attorney’s negligence.

How long do you have to file a claim in Florida?

Based on the Florida statute of limitations for your case, you only have until a specific deadline to bring your claim. Your attorney either doesn’t bother to determine the deadline, or they know of the deadline and they miss it. Either way, you’re unable to bring your case, or it quickly gets dismissed.

What is breach of contract?

A breach of contract case depends on the terms of your contract or retainer agreement. An experienced attorney for lawyer malpractice claims can help you review what happened in your case to see if a breach of contract claim applies.

What is breach of fiduciary duty?

If your attorney makes decisions that aren’t in your best interests, their actions may amount to a breach of fiduciary duty that allows you to sue your attorney for malpractice. Some examples of breach of fiduciary duty include: You ask your attorney to prepare a will that leaves your assets to your children.

Can an attorney commit malpractice?

There are all kinds of ways that an attorney can commit malpractice based on negligence. Negligence means that the attorney fails to provide reasonably competent services . Lawyers are presumed to be qualified to handle your case.

Can you sue an attorney for malpractice?

Finally, you can sue an attorney for malpractice because of a breach of fiduciary duty. An attorney has an obligation to act in your best interests. While they’re able to determine what methods to use to carry out your wishes, ultimately it’s up to you to decide whether to resolve your case by settlement or make the other major decisions in the case. If your attorney makes decisions that aren’t in your best interests, their actions may amount to a breach of fiduciary duty that allows you to sue your attorney for malpractice. Some examples of breach of fiduciary duty include:

What is a retainer agreement?

It may have been called a retainer agreement. If your attorney fails to follow this agreement , you may have a claim for breach of contract just like you could sue anyone else for violating the terms of a deal. Some examples of an attorney breach of contract case may include: An attorney agrees to prepare a business incorporation agreement by ...

Can an attorney handle a case?

An attorney is presumed to be qualified to handle your case . If they don’t have the skills or experience to do a competent job, they shouldn’t take the case. In addition to having the right skills, they must also avoid making careless errors that can unravel your claim.

What are the three types of malpractice suits?

There are three basic categories for a legal malpractice suit: negligence, breach of fiduciary duty , and breach of contract. Keep in mind that you must also be able to prove that your attorney's conduct hurt you financially and, as a result, you suffered financial consequences.

What is the fiduciary duty of an attorney?

As part of an attorney’s fiduciary duty to the client, if an issue arises in which an action taken for the client’s benefit will likely cause harm to the attorney, the attorney must act in the client’s benefit in spite of the harm to self.

What is quantifiable damages?

You must be able to prove quantifiable charges in a legal malpractice suit. Quantifiable damages are those that can be easily reduced to a monetary value. They generally do not include punitive damages (those meant to punish the offending attorney) or any money to compensate you for pain and suffering.

How to get a paper trail?

1. Obtain a copy of your case file from your attorney. Gather any other documents that pertain to the case the attorney handled, including bills from your attorney and the contract you signed. If your attorney is not returning your calls, send a letter specifying the reason why you called to create a paper trail.

What is summary judgment motion?

This is a motion that requests the judge to determine whether or not you have alleged sufficient facts to potentially win your case. If the judge determines that the facts you've alleged are insufficient, the judge may dismiss your case.

Do you have to testify at a trial?

At trial, both parties will present evidence in an effort to prove their case in front of a jury or judge. Not only will you be expected to attend the trial, you will also be required to testify. Your attorney will prepare you for both attending the trial and your testimony.

What is legal malpractice?

Legal malpractice cases are two cases in one. You must prove that your attorney exhibited negligence while handling your case, and if that negligence had not occurred, you would have received a more favorable outcome, settlement, or judgment than you did. Substantial levels of re-litigation of the original case are often necessary in order ...

What is the duty of care of an attorney?

The first is that your original attorney owed you a duty of care to act properly in your case. There is usually a contract or agreement between a client and attorney which affirms this duty of care. Secondly, it must be shown that your original attorney breached this duty of care.

How to contact Patrick Malone?

Call us at 1-202-742-1500 or 1-888-625-6635 or fill out our confidential contact form for a FREE Consultation and review of your case. PLEASE NOTE: The Patrick Malone law firm cannot help you with a claim against an attorney in the fields of criminal law, family law (including divorce, alimony, custody, parental rights), immigration, or employment. ...

Misconduct vs. Malpractice

The first thing to clarify is that there is a difference in legal terms between misconduct and malpractice.

Frequently Asked Questions

Unfortunately, not everybody is in the financial position to sue a lawyer for misconduct even when legal action is warranted.

Final Thoughts

Suing a lawyer for misconduct can be a stressful, frustrating, and even frightening experience, and we’d like to extend our condolences if you’ve been subjected to substandard legal services.

What is the next step in a lawsuit?

The next step consists of serving a summons to the lawyer, which must be delivered in person. A summons provides notice to the defendant of a lawsuit that there is an action pending against him. The summons will compel the defendant, in this case the attorney you are suing, to answer the complaint filed against him.

How long do you have to file a lawsuit in Florida?

This limit varies by state. Florida's statute specifies two years, for example, while New York allows up to six years for contract actions. Some may be as short as one year.

What happens if you get summoned to court?

Once the summons has been served, the attorney will have an opportunity to answer the complaint. This will usually include filing a motion to dismiss the case. This is a common practice and, if you have evaluated your case thoroughly and have grounds for a suit, will likely be denied.

Who is Joel Garrison?

Joel Garrison is a professional writer with a Bachelor of Science in political science from Florida State University. He has served as an editor for the Florida House of Representatives and worked in crash reconstruction. Garrison teaches report writing, communications, physical fitness and health and nutrition to police recruits.