how to sue a bankruptcy lawyer

When you decide to sue a lawyer, filing a complaint in small claims court may be the best recourse. It doesn’t require the services of a lawyer, thus, helping keep your expenses to a minimum. DoNotPay can help streamline the entire complaint filing process for you. All you have to do is:

Full Answer

Can I sue someone if they file bankruptcy?

When someone breaks a contract or injures you in some way, you can file a lawsuit asking for money to reimburse your loss. But, you might be out of luck if the person you want to sue files for bankruptcy. Whether you can sue will depend on the type of issue involved and the date of the incident.

How to sue a lawyer?

Here are the steps on how to sue a lawyer: Sever the ties with the attorney. However, make sure to check the contract between the two of you to ensure you are not committing a breach. Hire another lawyer (or not). If you plan to take the case to a regular court, then you will need a different lawyer to represent you.

How does a bankruptcy stop a lawsuit?

Bankruptcy Stops Most Lawsuits When someone files a bankruptcy case, a court order called the automatic stay immediately goes into effect. The stay stops a creditor's attempt to collect a debt from the debtor. For instance, a creditor must stop calling the debtor, as well as sending bills.

When to sue a lawyer for breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract. There are several alternatives to suing your lawyer.

2 attorney answers

There's far too many missing facts. Did you consolidate your debts (which is a non bankruptcy procedure)? Or did you file chapter 13? If you filed chapter 13, your attorney is not who pays your debts or plan payments. You do! So, maybe the attorney didn't...

Alexander Berry-Santoro

Whether you have a claim against them will depend largely on the terms of the contract you signed with them. It may also depend on what representations they made to you regarding the results you would achieve through them.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

When a Person in Bankruptcy Will Have to Pay

If a lawsuit involves fraud, intentional harm or tortuous conduct as an allegation, a defendant may not discharge a judgment by filing bankruptcy. Criminal judgments, which often involve fines, cannot be stopped through filing for bankruptcy.

Ways Around the Automatic Stay – File a Motion

In some cases, there are ways around the automatic stay for a creditor to collect from someone in bankruptcy. Creditors and/or plaintiffs can file a motion to request relief from the automatic stay with the bankruptcy court.

What Can Lawyers Be Sued For?

A lawyer cannot be held liable simply because he/she did not win your case. For your lawsuit to hold in court, you must show the lawyer mishandled the case in one of the following ways:

What is Attorney Malpractice?

In any lawsuit, there is always a winner and a loser. Therefore, malpractice is not about the outcome of the lawsuit but more about your lawyer committing mistakes that another lawyer would not have made. To sue for attorney malpractice, you need to prove that your lawyer did not employ the care, skill, or diligence that other lawyers would do.

Examples of Legal Malpractice

Suing a lawyer for malpractice will require fact-based evidence and will depend on each case’s specific events. It is important to consider the fact that lawyers make decisions depending on what they know at the time. However, there are some common mistakes that lawyers make that may constitute legal malpractice such as:

Steps to Suing Attorneys

If the lawyer misrepresented you, hasn't been completely honest, or displayed incompetence, you may have a case against him/her in small claims court. Here are the steps on how to sue a lawyer:

How to Sue A Lawyer with DoNotPay

When you decide to sue a lawyer, filing a complaint in small claims court may be the best recourse. It doesn’t require the services of a lawyer, thus, helping keep your expenses to a minimum. DoNotPay can help streamline the entire complaint filing process for you. All you have to do is:

Who Else Has DoNotPay Helped Sue?

DoNotPay has a track record of helping people sue big corporations or their next-door neighbors. Our process is simple and easy which makes it suitable if you prefer hassle-free suing in small claims court. Some of the companies include:

How long after bankruptcy can you sue?

Two months after the debtor filed a bankruptcy case, the debtor caused an accident that totaled your car. New debt. Three months after filing for bankruptcy, the debtor asked you for a loan but failed to pay it back. In both of these cases, you can file a lawsuit because the incident took place after the debtor filed the bankruptcy case.

What happens when someone files bankruptcy?

Bankruptcy Stops Most Lawsuits. When someone files a bankruptcy case, a court order called the automatic stay immediately goes into effect. The stay stops a creditor's attempt to collect a debt from the debtor. For instance, a creditor must stop calling the debtor, as well as sending bills.

What happens if a lawsuit is already pending?

If the lawsuit was already pending when the debtor filed the bankruptcy case—and it pertains to an issue other than a debt that will be discharged in the bankruptcy, as discussed above—the parties have the option of choosing how to go forward. They can: dismiss the lawsuit.

Can bankruptcy be discharged?

The bankruptcy won't discharge a debt if the debtor caused death or injury while intoxicated. The bankruptcy court will usually allow this type of lawsuit to continue or be filed to determine if the debtor was intoxicated.

Can you file an adversary lawsuit in bankruptcy?

If the debtor filed for bankruptcy before the filing of a lawsuit, the parties can: file an adversary proceeding (a lawsuit filed in the bankruptcy court that is related to but separate from the bankruptcy case), or.

Can you file a lawsuit for fraud?

Fraud. If you're a victim of fraud and bring a lawsuit for relief, you might be able to file or continue the lawsuit during the bankruptcy case. Many debts that arise from fraud aren't discharged in bankruptcy if the bankruptcy court or a state court determines the debt arose from fraud. (Learn about bankruptcy adversary proceedings .)

Can bankruptcy stop a criminal case?

Filing bankruptcy won't stop a criminal case. Divorce and child custody. Child custody cases and marriage dissolution matters will not be directly affected by a bankruptcy. The same is true for restraining orders and "peace bonds.".

What are the three types of lawsuits against lawyers?

Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...

How long does it take to file a malpractice case?

The time limit for filing a legal malpractice case can be as short as one year.

What is a breach of fiduciary duty?

Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.

What is a breach of contract?

Breach of contract. Breach of contract occurs when a lawyer violates a specific term of the lawyer’s agreement with a client. For example, if your contract says that your lawyer will create a corporation for you by a certain date, the lawyer must stick to that agreement. Breach of fiduciary duty. Lawyers owe certain fiduciary duties ...

What happens when an attorney fails to use the skill and care normally expected of a competent attorney?

It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...

What happens if your lawyer doesn't listen to you?

If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss —for example, if your lawyer took fund from your client account.

Is it malpractice to be a lawyer?

However, it’s not malpractice unless your lawyer fell below the standard of care. The third element is perhaps the most difficult to prove. It’s not enough that your lawyer breached his or her duty.

What is Adequate Representation?

Adequate representation refers to a close alignment between parties in a lawsuit. Meaning, the interests of the client must be sufficiently protected by a lawyer. If you become a defendant in the U.S you have a right to adequate legal representation. Your lawyer must provide you with adequate counsel whether you are able to pay for it or not.

How To Prove Legal Malpractice

Most of times it’s hard to prove that the legal proceedings outcome would be differently were not for your lawyer acting in an incompetence way. If you suffer financial loss and the attorney has done his/her best to represent you, there is no malpractice.

How To File A Legal Malpractice Lawsuit

The first thing is to ensure you have a case. You have to show that your lawyer’s behavior fell short of the standard. The lawyer must have breached the duty to care and that resulted to you suffering financial loss. The other issue is to make sure you’re within the statutes of limitations. This varies from state to state.

Common Types of Small Claims Lawsuits

You can file a small claims lawsuit against someone who owes you money in the following manners:

Get in Touch With a Legal Professional Before You Sue

If you intend to sue someone, you should consult an experienced lawyer to determine if you have a winnable case. Many attorneys offer free initial consultations and won’t charge you until they win your case. Find an experienced attorney near you today by knowing what you should look for in the professional.

How Much Does It Cost to Sue Someone?

The average cost of suing someone is difficult to calculate, but you should expect to pay around $10,000. The cost of your lawsuit will be much higher if it is complex and requires many expert witnesses.

What Happens After You Sue Someone?

In the event the case does not settle after discovery or is not resolved by a motion for summary disposition or default judgment, it will go to trial. Trials require lawyers to spend considerable time preparing for them. The jury decides which facts to believe in a jury trial, whereas the judge decides what to believe in a bench trial.

Conclusions

Litigation can be a grueling and stressful experience. By understanding the process, you can take control of your situation and make the best decisions for you and your family.

How to file a complaint against a trustee?

To lodge a complaint against a private trustee in a Chapter 7, 12 or 13 bankruptcy case, a consumer debtor may contact the U.S. Trustee Program field office in his region. Consumers can locate contact information for the appropriate regional office online on the U.S. Department of Justice website.

Who monitors bankruptcy cases?

Both the judge and trustee monitor the case from filing through discharge or dismissal. The trustee, however, will have a more active role in the administration of the case and its ultimate outcome. According to the U.S. Department of Justice, the trustee program serves as the "watchdog over the bankruptcy process.".

What is the trustee's responsibility?

It is the trustee's responsibility to take control of any property that is available for distribution to creditors and not protected by any exemptions available under the Bankruptcy Code. If there is property in the estate, the trustee may liquidate it and then distribute the proceeds to creditors. If the bankruptcy involves a repayment plan, ...

What is the role of a trustee in bankruptcy?

In every consumer bankruptcy case, a trustee is assigned to help facilitate the case. The trustee has a primary role in the administration of the case: the protection of assets and distributions to creditors. Because trustees play such a large part in a bankruptcy case, occasionally, other participants may object to the trustee's conduct.

What are some examples of inappropriate behavior by trustees?

Examples of inappropriate behavior by a trustee could include having a personal financial interest in the case, misappropriation of plan funds, or involvement in a relationship with a party to the case.

Which states are not covered by the Trustee Program?

Regions Not Covered by the U.S. Trustee Program. Bankruptcy cases in Alabama and North Carolina are not under the jurisdiction of the U.S. Trustee Program; instead, they are administered by the office of the bankruptcy administrator for that region.

Is bankruptcy administrator the same as trustee?

While bankruptcy administrators are separate from the U.S. Trustee Program, they perform virtually the same duties. Questions about filing complaints in Alabama or North Carolina should be directed to the bankruptcy administrator in the district where the case is pending.