if sue houding what type of lawyer do i need

by Floy Treutel 8 min read

Full Answer

What do you need to sue a lawyer?

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 ... 2 Breach of duty. ... 3 Breach of contract. ...

What kind of lawyer do I need to sue a contractor?

What Kind of Lawyer Do I Need to Sue a Contractor? The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.

Do I need a lawyer for a personal injury lawsuit?

You need someone with experience defending personal injury law suits. Generally this would be taken care of by your insurance; however, since you did not have insurance the burden will be on you to find and retain an attorney.

Can you sue a lawyer for bad ethics?

There are several alternatives to suing your lawyer. 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.

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Can you sue local housing authority?

Housing association tenants enjoy the same legal rights as private tenants, and consequently are able to claim compensation if they are injured and their landlord is directly or indirectly to blame. Tenants can also sue a housing association if disrepair has not been dealt with after a reasonable amount of time.

Where can I file a complaint against my landlord in Texas?

You can submit a complaint online, or you can call their office at (512) 463-2642 or toll-free (Texas only) at (888) 452-4778.

How do I sue my landlord in Texas?

If your claim is for $10,000 or less against your Landlord then you file your lawsuit in Justice Court in the county where you live in the rented property. If your claim is more than $10,000 then you file in a County or District Court.

What Are Renters Rights in Texas?

According to the Texas Attorney General, Texas tenants are entitled to the following rights: The right to "quiet enjoyment" of your home. This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet.

What Kind of Lawyer Do I Need to Sue a Contractor?

This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might charge $25,000 to totally renovate a home over the course of six months.

What does "harassing the client" mean?

Behaves in an inappropriate manner (harassing the client)

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.

Is a contract written in California binding?

While the “contract” involved should always lay out the rules for this exchange in writing, both verbal and written contracts are valid and legally binding in California. What this means is that, should a contractor fail to follow through on the agreement in some way, you have the right to sue them for compensation.

Can a contractor abandon a project?

If you’ve ever had a bad experience with a contractor, you know just how stressful it can be. It’s not all that uncommon for contractors to abandon projects, leaving homeowners with incomp lete projects and behind schedule or over budget.

Is contract fraud common?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include:

Can you sue for a contractor who asks for more time?

On the other hand, not every issue is a good reason to sue. A contractor who repeatedly asks for more time because the job turns out to be more complex than originally assumed isn’t necessarily at fault as long as they can justify the extension.

What Do Criminal Lawyers Do?

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

What Do Probate and Estate Planning Lawyers Do?

Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.

Where Can I Find the Right Lawyer?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

Why do I want to sue a company?

There are many reasons why you might want to sue a company. If you were injured by a product they made, you need an lawyer who handles product liability claims. If you were hurt at work, you need a workers’ compensation attorney. If they violated your rights as an employee, you need to contact an attorney who handles employment discrimination. If you were hurt in their property, you need an attorney who handles personal injury/premesis liability. If you contact me or post a follow up to your question, I would be happy to help you narrow down the kind of lawyer you need.

What is the biggest con of being a pro per?

The biggest “con” is that you will likely lose the case as a pro per , even if your case is meritorious- if the other side gets a lawyer. You won't know the substantive law, really. You'd be amazed at the number of pro pers who cite the Constitution. You won't understand the elements of claims, likely don't understand the evidence code, and don't know the potential defenses.

What are you alleging this company did to you?

What are you alleging this company did to you? Did you suffer damages for which you have tangible proof? Or did someone at the company merely hurt your feelings? Or were your feelings hurt because this company terminated your employment? Look for a attorney who handles civil cases. Be prepared for him or her to decline to work with you if they determine your allegation is either frivolous or not provable.

How much percentage of a judgment do you get paid?

In the latter case, you can obtain legal services in exchange for a percentage of the final judgment (usually in the 33-40% range), paid to the lawyer only if they win. There are, however, in many jurisdictions fees and costs that the

Can you sue the government if you haven't been declared a vexatious litigant?

In the US, if you haven't been declared a vexatious litigant, you may sue anyone (except the government) you please. The government can only be sued where it has waived immunity by statute.

Do you need a lawyer to win a small claims case?

If it's a small claims court case- file away. But if it's a case worth taking to court, then the assumption should be it's a case worth winning. And if it's a case worth winning….then you need a lawyer to win it.

Can a parent and child be resolved without going to court?

Trust me…there is always a way to resolve a problem between parent and child without going to court. It is hard to think of an issue that cannot be resolved between mother and child because mothers will usually trade their own well being for that of their children.

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 is breach of duty in a lawyer?

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.

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 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.

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)

Can you sue a lawyer for malpractice?

It is very frustrating to feel that an attorney you trusted has let you down. Suing for malpractice is one way for you to be compensated for wrongdoing by your lawyer.

What to do if your lawyer has committed a crime?

If you think your lawyer has committed a crime, you can also call the police to investigate.

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 are Some Examples of Legal Malpractice?

Malpractice cases are very fact specific and depend on the specific circumstances of your case.

What Is an Attorney’s Duty to Self-Report?

Clients may find it surprising that attorneys have a duty to self-report in certain circumstances .

What happens when a negligent lawyer falls below the standard of care?

When a negligent lawyer falls below this standard of care, they have committed legal malpractice.

What happens when you are injured in a legal malpractice case?

Typically, injured clients suffer financial losses as a result of legal malpractice.

Can a negligent lawyer file a malpractice claim?

Establishing a legal malpractice claim for a negligent lawyer is complex and varies from case to case.

What is the statute of limitations for a lawsuit?

Laws that place a time limit on bringing a lawsuit are called " statutes of limitations .". You do not need to handle the entire case within the statute of limitations. You will have a certain amount of time to file the lawsuit, and then the lawsuit can take whatever time the state courts determine it needs. 8.

How does a lawsuit affect your life?

A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.

What is the last step to take to avoid a lawsuit?

If you have done everything you can to avoid a lawsuit, then your last step is to sue the company. You need to be within the statute of limitations for your state, and you will need the company's legal business name, the name of the owner, and their contact information before you file the lawsuit.

How to get money in small claims court?

If you are asking for a small amount of money in small claims court, you may be able to bring the lawsuit yourself. Gather the evidence (emails, texts, dates of calls, contracts, etc.) and think about what you would tell the court. The company will be served and will either ignore you (which means you win the case) or appear in court to fight back. The judge will have the final say — if you win, then you need to do your own legwork or hire an attorney to ensure you are paid.

What to expect when taking a case to court?

You can expect to gather evidence, have contact information for yourself and the other party, talk clearly in front of a judge or courtroom of people, and follow any court orders. Even if you do not win, taking your case to court means you must follow whatever the court decides.

What to do if a business won't respond to your demand?

If the business won't respond to your demand, it's often possible to lodge complaints against businesses . If a company won't resolve a problem, look up the better business bureau or consumer protection office in your state. You need to have the legal business name, legal name of the owner, and phone number when making a complaint. This can be a good middle step if the company won't work with you outside of court but you don't want to sue the company yet.

What to think about before sueing a company?

1. Do You Have a Good Case? This may seem obvious, but you need to have a genuine legal claim or " cause of action " in order to have a court support your position .

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