legal cases where lawyer sued client

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.

Full Answer

Is it ever a good idea to sue a client?

Your malpractice carrier tells you over and over that suing a client for unpaid fees is almost always a bad idea. But showing is better than telling. So let’s look at a pair of cautionary lessons from recent headlines.

Can you sue a client for unpaid legal fees?

Your malpractice carrier tells you over and over that suing a client for unpaid fees is almost always a bad idea. But showing is better than telling. So let’s look at a pair of cautionary lessons from recent headlines. Mega-firm DLA Piper sued a former client over a disputed $675,000 in legal fees.

Can I sue a lawyer for professional negligence?

Suing a lawyer for professional negligence may require expert witnesses to determine what standard of care existed in your particular case. A breach occurs when a lawyer fails to exercise reasonable care in your representation.

What are the rights of a client in a lawsuit?

Some basic rights that you are entitled to include proper and effective communication/correspondence between a client and his or her attorney, the competency of the attorney to know the core knowledge and expertise of a client’s legal issue, the work was completed ethically and the agreement of fees is followed.

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 happens if a lawyer lies to a client?

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

What do you call it when a lawyer is sued for an error?

Definition of Legal Malpractice Similar to medical malpractice, legal malpractice occurs when a lawyer doesn't do what they are supposed to do, and their error hurts their client. Lawyers have a duty to follow certain standards of ethical and professional conduct.

What is it called when a lawyer drops a client?

Withdrawal from representation, in United States law, occurs where an attorney terminates a relationship of representing a client.

What is unethical for a lawyer?

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 ...

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

Are lawyers liable for mistakes?

Even where an attorney made an obvious mistake, that mistake must have injured the client. The classic example of negligence is the attorney who did not file a lawsuit before the statute of limitations expired.

Which is an example of negligence?

Examples of negligence include: A driver who runs a stop sign causing an injury crash. A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill. A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

What happens if a lawyer loses a case?

If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.

Will a lawyer take a losing case?

If your case isn't winnable, no lawyer will want to waste your time, or the court's time, pursuing legal action. However, if you have a case where the facts and evidence are in question, but the damages you could recover are high, an attorney with extensive experience in cases like yours might take the case.

Can a lawyer refuse to defend someone?

Can Lawyers Refuse to Defend Someone? Lawyers can refuse to defend someone unless a court refuses to grant them leave to withdraw from the matter. Common reasons why a criminal lawyer would not defend someone are if there is a conflict of interest (eg.

How many legal malpractice cases are counterclaims?

According to the American Bar Association, an estimated 2/3 of all legal malpractice claims come about as counterclaims to suits for fees. Suddenly, the case is no longer about how much time you spent on the case multiplied by your hourly rate.

What happens if you don't follow the proper protocol?

If you have not followed the proper protocol, the court denying your application may be the least of your problems. It could also sanction you for your noncompliance, or require you to disgorge the fees you’ve already been paid. Tips for Fee Disputes.

How to avoid a problem with retainer?

Avoid the problem altogether by getting an appropriate retainer from the client, and have the client replenish the retainer as needed. If the client cannot afford your retainer, chances are she cannot afford your services. Bill at regular intervals. Waiting to bill until the completion of the matter can invite problems.

Who is Cathy Trent-Vilim?

Cathy Trent-Vilim is a partner of Lamson, Dugan & Murray. Throughout her years of practice, Ms. Trent-Vilim has worked on a wide range of commercial and insurance matters, including personal injury insurance defense, coverage claims, contract claims, crop insurance claims, legal malpractice, appellate practice and complex commercial litigation. She has tried cases in the Nebraska county, district and federal courts, in arbitration proceedings, and has successfully argued cases before the Nebraska Court of Appeals and Supreme Court.

Do you have to disclose if you have been sued for malpractice?

Third, regardless of the merits of a malpractice claim, the fact that you have been sued for malpractice will likely have to be disclosed on your next malpractice insurance application.

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 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.

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 is negligence malpractice?

Damages in a negligence malpractice claim are quantified by what was recovered and what would have been recovered but for the attorney’s negligence. A typical example of negligence occurs when an attorney fails to file a case before the statute of limitations expires.

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.

Do lawyers have to keep a copy of a malpractice case?

Additionally, your lawyer is required to maintain a copy of your entire file, and give you notice before they destroy it. If you have a legal malpractice case you should obtain your file or hire an attorney who will obtain it for you.

Why do people bring suit for breach of contract?

BREACH OF CONTRACT. Victims of legal malpractice sometimes seek to bring suit under a breach of contract theory, for various reasons. One reason is because in many states, the winning party in a breach of contract case can receive reimbursement of their attorneys fees. Another reason is that in most states, the statute of limitation for breach ...

What is a negligent supervisory authority?

Negligent supervision occurs when a senior attorney with supervisory authority over a junior attorney fails to supervise the junior attorney as a reasonable and prudent senior attorney would have under the same or similar circumstances .

Can a lawyer take a loan from a client?

Most states have a rule of professional responsibility governing lawyers which states that a lawyer may not take a loan from a client or do business with a client unless: 1) the transaction is objectively fair; 2) the client has been given a fair opportunity to consult with an unrelated attorney; and 3) the client gives thorough, informed consent in writing.

Can a breach of contract be successful?

Breach of contract claims against attorneys are rarely successful, because the person bringing the suit must show that the attorney breached a specific promise in the attorney client agreement that would not normally exist, but for the contract.

Did Clayton have an attorney for Hicks?

Clayton convinced the trial court to largely ignore the fact he had once been Hicks’ attorney and prevailed. On appeal, the Court of Appeals reversed, holding: “The uncontradicted evidence is that Clayton was and had been at the time of the buying of his client’s house, the attorney for Hicks. Hicks trusted Clayton.