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.
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.
Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...
Injury Claims Under the Georgia Tort Claims Act Under the Georgia Tort Claims Act, the state of Georgia may be liable for certain negligent acts of its officers and employees, if the officer or employee was "acting within the scope of their official duties or employment."
The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020
Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.
In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.
Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015
It is professional misconduct for a lawyer to: (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an ability to influence improperly a government agency or official; or.Mar 12, 2019
How do I file a complaint or petition in civil court? You file the complaint or petition with the clerk of court. You generally want to file in the court in the county where the person you are suing lives. Along with the complaint, the court must be told where to serve (give it a copy of it to) the defendant.
The text of Georgia's contributory negligence law is in Georgia Code Section 51-12-33. This statute states that in a legal action against a party for a personal injury in which the plaintiff is partially responsible for the injury, the courts will determine the plaintiff's percentage of fault.Feb 13, 2019
Before you can sue the state of Georgia, you must provide ante litem notice, just as you would when suing any government entity in Georgia. This is basically an overview of how you sustained your injuries and evidence to show how a Georgia state agency was liable. In other words, it is your injury claim.
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.
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.
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.
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:
Although they may sound similar, a claim for false arrest arises when a party is arrested without probable cause and for malicious reasons. The goal of the Georgia law allowing for malicious prosecution claims is to prevent and address abuse of the legal process.
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.)
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.
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 ...
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.
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.
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:
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 ...
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.
Multiple years experience in helping clients with their Legal Malpractice needs.
You've come to the right place. If you believe your former attorney mishandled a case which negatively impacted your position in the outcome of the case, a legal malpractice attorney can help.
FindLaw's Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning.
It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:
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 ...
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. ...
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.
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.
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.
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 suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.
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.
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.
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.
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.
The Defendant can make claims against you. They should be related to your claim. A Defendant’s claim against a Plaintiff is called a counterclaim. If the Defendant files a counterclaim, the court will send you a copy. The judge may hear both claims at the same time or at different times.
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.
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.
It is usually a good idea to subpoena the witness at least 24 hours before the trial. The clerk will issue the subpoena to you. It is up to you to give it to the witness in person. You must also give the names and addresses of these witnesses to the clerk at least six hours before the trial. You must be on time.
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.
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.
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 ...
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.
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.
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.
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.