how to sue a lawyer for misconduct ga

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 attorney you choose, and.
• Follow the advice of your legal malpractice attorney at all times.. In order to prove legal...

Full Answer

How do I sue someone in Georgia?

 · 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.

Do I need an attorney to file a lawsuit in Georgia?

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 attorney you choose, and. Follow the …

How do I sue an attorney for legal malpractice?

 · One way to sue an attorney for malpractice is to bring a claim for negligence. A negligence claim says that the attorney didn’t do a competent job in your 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.

Can you sue an attorney for breach of contract?

 · Inform clients of a decision requiring the client’s informed consent; Inform clients of how the attorney plans to achieve client objectives in their case; Keep clients reasonably informed about their case; Promptly comply with reasonable requests for information. Consult with the client about limitations on the lawyer’s conduct when the ...

How do I sue an attorney in Georgia?

To win a malpractice claim, you must prove that your attorney made errors in how he/she handled your case. Then, you have to prove that you would have won had the lawyer not mishandled your case. And finally, prove that if you had won you would have been able to collect damages from the party you were suing.

What constitutes legal malpractice in Georgia?

In Georgia, to support a claim for legal malpractice, a client must show that (1) he or she employed the attorney; (2) the attorney failed to exercise ordinary care, skill, and diligence; and (3) such negligence proximately caused the client damages.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What is statute of limitations on legal malpractice GA?

4-yearLegal malpractice claims are generally subject to a 4-year statute of limitation. Tucker v. Smith, 249 Ga.

Is malpractice insurance required for lawyers in Georgia?

Attorneys In Georgia Are Not Required To Carry Malpractice Insurance.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

What is a Marsden hearing?

A Marsden hearing is when the judge rules on the Marsden motion. If he grants the motion, the public defender is removed from the case and the judge will appoint an alternate public defender. If the judge denies the motion, then the public defender remains as the defendant's lawyer.

What is the statute of limitations for legal malpractice in California?

The limitations period to file a legal malpractice action is the lesser of one year from actual or imputed discovery, or four years regardless, unless tolling applies.

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. ...

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:

Can you sue an attorney for breach of contract?

That’s called negligence. Second, you may sue your attorney for breaching their contract of services with you. Third, you may sue your attorney for breach of their fiduciary duty to act in your best interests .

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 negligence?

There are three general grounds for a legal malpractice claim: First, you may sue your attorney for failing to do their job up to professional standards. That’s called negligence. Second, you may sue your attorney for breaching their contract of services with you. Third, you may sue your attorney for breach of their fiduciary duty ...

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 some examples of breach of contract?

Some examples of an attorney breach of contract case may include: An attorney agrees to prepare a business incorporation agreement by a certain date. They don’t have it done on time. You pay your lawyer a retainer, but they don’t do any work on your case. An attorney agrees to bill you at an hourly rate for services.

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 a lawyer be sued for negligence?

If your lawyer’s negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence. Establishing a legal malpractice claim for a negligent lawyer is complex ...

Can a lawyer make mistakes?

Lawyers may make mistakes from time to time. A claim of malprac tice may exist if your lawyer exhibited negligence in your representation. If your lawyer’s negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

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.

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 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 ...

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 a breach of the standard of care?

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 malpractice in Georgia?

An attorney who commits legal malpractice not only harms the client, but also harms the legal profession . The Georgia Rules of Professional Conduct require lawyers to perform their services according to a professional standard of care. Lawsuits against attorneys help to regulate the profession of law in the public interest.

What is Rhein Law?

Rhein Law LLC is a one-stop shop for people who have been harmed by the negligence, unresponsiveness, and dishonesty of other lawyers. Unlike most law firms, we routinely file lawsuits against lawyers and prepare expert affidavits in support of legal malpractice claims. Together with attorney William Brent Ney, we formed the law firm of Ney Rhein, LLC one of the leading legal malpractice firms in the state.

Who represented Uber driver?

Rhein represented an Uber driver who had suffered a back injury. The client’s former lawyer had stopped communicating with the client for several months and was letting important evidence get stale. Rhein entered the case as the second lawyer and began to aggressively prepare the case for trial. Within one month, Rhein settled the case for twenty times more than the client’s former lawyer had been able to obtain.

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.

How to get a copy of a case file?

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 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.

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.

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 a lawsuit in Georgia?

A lawsuit is a proceeding in court to settle disputes. Lawsuits under $15,000 are heard in the Georgia Magistrate Court, while cases seeking a higher monetary amount or requesting a specific action are heard in Georgia State Court.

Can you sue someone for a car accident?

For example, if a person is seeking damages or medical costs after a car accident, they can sue the person who caused the accident. Other types of lawsuits can be a breach of contract, failure to return borrowed property or nonpayment of a loan.

What is a lawsuit?

Lawsuits allow individuals to settle disputes in court. For example, if a person is seeking damages or medical costs after a car accident, they can sue the person who caused the accident. Other types of lawsuits can be a breach of contract, failure to return borrowed property or nonpayment of a loan.

Can a landlord file a lawsuit?

Lawsuits aren't always monetary. Some lawsuits require a specific action. For example, landlords who wish to evict tenants can file a lawsuit. Also, lawsuits can request that a person returns borrowed property or a landlord makes necessary repairs.

Can a judge give legal advice?

However, the plaintiff, or person filing the suit, is expected to know how the courts and legal system work, and provide proof of the alleged wrongdoing. The judge and the court clerks aren’t allowed to give any legal advice, nor can they appoint a lawyer on a plaintiff's behalf.

Can a judge appoint a lawyer?

The judge and the court clerks aren ’t allowed to give any legal advice , nor can they appoint a lawyer on a plaintiff's behalf. It's also worth noting that even if the plaintiff doesn’t use an attorney, the defendant, or person named in the lawsuit, still has the right to seek and use legal representation.

What documents should be attached to a complaint?

The defendant should attach any relevant documentation to the complaint form, such as copies of letters, photographs of damage and copies of contracts. After filling out the form, and having it notarized, the plaintiff pays a filing fee and filed the complaint. If the plaintiff can prove poverty, the court will waive the filing fee.

What is malicious prosecution in Georgia?

Under Georgia law, malicious prosecution is a claim you can make if you are the victim of a baseless civil lawsuit or criminal case. There are generally four factors necessary to bring a successful claim for malicious prosecution:

What is the fourth factor?

The fourth factor is a bit confusing, but basically means you—the future plaintiff alleging malicious prosecution—must first win the lawsuit or criminal case brought against you. (If you did not win, it is difficult to assert the claim or charge against you was frivolous.)

Where do you file a lawsuit?

You file your lawsuit at the Magistrate Court in the Magistrate Court Clerk’s Office. To win your case, you must prove what the Defendant owes you. Receipts, repair estimates and warranties are evidence that will help you prove your case. If someone knows firsthand about your case, that person is a witness.

Where do you file a complaint?

When you give your complaint to the court, you are filing the suit. You file your lawsuit at the Magistrate Court in the Magistrate Court Clerk’s Office. To win your case, you must prove what the Defendant owes you.

What is a complaint in court?

The person or business you are suing is the Defendant. The complaint is your written statement of why the Defendant owes you money. When you give your complaint to the court, you are filing the suit.

How to win a case?

To win your case, you must prove what the Defendant owes you. Receipts, repair estimates and warranties are evidence that will help you prove your case. If someone knows firsthand about your case, that person is a witness. The hearing where you must prove your case to the judge is the trial. A Magistrate is the judge.

What is the process of serving the defendant?

The process is called serving the Defendant. These papers tell the Defendant why you are suing and how to answer the lawsuit. If you are suing a corporation, the court must serve the complaint to the registered agent.

How long does it take to respond to a complaint?

After the Defendant gets the complaint, he/she will have 30 days to reply. A Defendant’s written reply is called an Answer. If the Defendant files an Answer, the court will tell you when the trial will take place.

What is a defendant's answer?

A Defendant’s written reply is called an Answer. If the Defendant files an Answer, the court will tell you when the trial will take place. If the Defendant does not answer on time, you may get a judgment against the Defendant without going to trial. This is called a default judgment.

How to file a complaint against a lawyer?

In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.

Do lawyers make mistakes?

Lawyers are human, and like everyone else, they sometimes make mistakes when representing clients. In some cases, the mistakes are small and easily fixable—for example, not filing enough copies of a document with the court or needing to reschedule a meeting. Other times, the mistakes are serious—such as missing the deadline to file a lawsuit, ...

Who reviews ethics complaints?

In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.

What is the responsibility of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible.

What are the rules of professional conduct?

The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.

What is the duty of a lawyer?

Lawyers have a duty to keep their clients reasonably informed about the status of their cases, to respond promptly to requests for information, and to consult with their clients about important decisions in their cases (for example, whether to accept a settlement offer). Not returning the client's documents.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.