Can I Sue My Lawyer for Malpractice?
If your lawyer made a big mistake, you might have a legal malpractice case. Are you unhappy with your lawyer’s services or how your lawyer has handled your case? If so, you might be considering filing a lawsuit for legal malpractice. Suing your lawyer for malpractice can be a helpful way to get compensation for your losses.
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 for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial,...
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 for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders.
Litigating Your Case Be candid with your malpractice attorney. File your complaint. Participate in the discovery process. Undergo deposition. Let your attorney handle the summary judgment motion. Attempt to reach a settlement. Go to trial. Appeal the ruling, if applicable.
So what kind of legal action is a malpractice suit? Most malpractice lawsuits are cases involving legal negligence. The legal concept of “negligence” involves the breach of a certain explicit or implicit duty.
Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.
Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.
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.
To succeed in a malpractice case, however, you will have to prove that the settlement your lawyer entered into was for less than your case was worth. You see your lawyer socializing with the lawyer for your opponent . This is not malpractice or a breach of attorney ethics.
In practical terms, to win a malpractice case, you must first prove that your attorney made errors in how she handled your case. Then you must show that you would have won the underlying case that the lawyer mishandled. (This second part is not required in Ohio.) Finally, you will have to show that if you had won the underlying case, you would have been able to collect from the defendant.
If your complaint to the state attorney regulatory agency is unsuccessful, you may also consider suing the lawyer for malpractice in order to get the money back.
Dorian sues his lawyer for malpractice. He can prove duty (he signed a representation agreement with the lawyer). He can prove breach (the lawyer failed to file the lawsuit within the proper time). He can prove causation (witnesses and a police report attest to the driver's liability).
Your lawyer stops working on your case. The longer your attorney ignores you and your case, the more likely it is to amount to malpractice. You must act quickly to see that your case is properly handled and get another lawyer if necessary. Writing or faxing a letter expressing your concerns and asking for a meeting is a good first step.
Your case is thrown out of court because your lawyer did no work. This may be malpractice. Your difficulty will be in proving not only that your lawyer mishandled the case, but that if handled correctly, you could have won and collected a judgment.
When you reach the point of needing an attorney's expertise, it usually means that some situation -- whether at work, in the neighborhood, with the family, or elsewhere -- has gotten too complex to resolve on your own. You turn to a lawyer and trust she will help. But what do you do when the lawyer makes things worse instead of better? If you've lost confidence in your attorney and are considering suing for malpractice, here are some things you should know.
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. In addition to having the right skills, they must also avoid making careless errors that can unravel your claim. Here are a few examples of when attorney negligence can amount to malpractice:
Here are a few examples of when attorney negligence can amount to malpractice: An attorney with no experience in personal injury law takes a personal injury case. The attorney fails to assert a claim that likely would have been successful for the client. The client misses the opportunity to bring the claim. A breach of contract claim proceeds ...
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:
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.
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.
A breach of contract claim proceeds to trial. The other party wants to admit testimony that’s barred by the Florida Evidence Code as hearsay . The attorney who represents you doesn’t know the evidence rules well enough to assert the appropriate objection. The testimony damages your case, and you ultimately lose.
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.
You will need to demonstrate that your attorney’s actions breached their duty to you or that their actions caused harm to you, and you lost money as a result. It must be clear to the court that you would have prevailed in your case if your attorney would have followed the American Bar Association’s rules of professional conduct.
When a lawyer doesn’t do what they are supposed to and hurt their client, it can be considered legal malpractice. Lawyers have a duty to follow specific standards of ethical and professional conduct. When they fail to do so, they can be sued for legal malpractice.
Our team at Weisberg Law has helped thousands of clients with their legal malpractice cases. We have fought for the rights of our clients, and we are committed to helping you. With over 20 years of legal experience, we have been advocating for our clients throughout Pennsylvania and New Jersey. Not only do we have a team of experienced attorneys, but we also provide you with transparent flat fees that are affordable.
Placing your trust in another attorney can be difficult after experiencing legal malpractice. However, an experienced and knowledgeable legal malpractice lawyer can help you seek compensation for your former attorney’s negligence. You need an attorney who can guide you through the legal complexities to know how to navigate through a legal malpractice case. Providing strong evidence and arranging your case won’t be easy without legal counsel.
Legal malpractice cases are complicated because, not only do you have to prove negligence on the part of your attorney’s handling of your case, but you have to prove that you would have had a more favorable outcome, settlement, or judgement if his or her negligence had not occurred.
Unfortunately, there are some attorneys that fail in their duties to clients due to a serious error in judgement or because they’ve taken part in some type of misconduct, whether unintentional or intentional. The result can have damaging consequences for a client’s case.
If you feel that your attorney didn’t do their job, that they made serious errors which had a significant effect on the successful outcome of your case, you may consider filing a legal malpractice lawsuit against that attorney.
Your original attorney owed you a duty of care to properly represent you
Suing an attorney for legal malpractice can be complicated. You must be able to prove that the attorney in question was negligent when it came to how your case was handled. In some cases, the malpractice may be very obvious: the attorney missed a deadline or didn’t file your lawsuit within the statute of limitations.
Appeal the ruling, if applicable. If either side is unhappy with the outcome of the legal malpractice case, they can appeal the ruling. Ask your legal malpractice attorney what your chances of success on appeal are.
You can find the ones in your area by contacting your state’s Bar Association or searching for legal malpractice attorneys in your state. Some states, such as California, have certified some lawyers as legal malpractice specialists.
Most attorneys will offer you a free consultation. Bring your case file and any other pertinent documents so the attorney can determine if you have a valid malpractice case. You may be required to give your attorney money for costs before your malpractice suit can proceed, even if s/he is also being paid a contingency fee.
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.
The statute of limitations -- essentially, the "expiration date" -- for some malpractice suits can be as little as a year. If you believe your attorney is guilty of malpractice, don't delay in contacting an attorney and filing your suit. Thanks! Helpful 0 Not Helpful 0.
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. The remainder of the documents can be obtained during discovery after your new attorney files your malpractice case.
You must initiate your case with the court within the state’s statute of limitations. Most states allow three to five years from the time you could have filed your case until the date you actually do, but some states allow as little as one year. Check your statute of limitations or ask your attorney about the statute of limitations on legal malpractice in your state.
Not only must there be a breach of one of the four categories mentioned above, but there also has to be specific proof and the ability of an individual to show causation that it resulted in an adverse ruling. A client must be able to prove that if they had different representation, the case would have been decided upon differently.
In the same respect, legal malpractice is when someone doesn’t represent their client appropriately or does something that goes against the ethics that are required when they represent the court.
When a lawyer agrees to defend someone they enter into a contract, which means that they have an obligation to provide a defense to the best of their ability. Attorneys who engage in malpractice either behave negligently or do not conduct themselves by the legal code of ethics.
There are specific guidelines that dictate the legal ethics that a lawyer must conduct themselves by. Before any attorney is allowed to practice law, they have to agree to uphold the Rules of Professional Conduct, which were adopted in 1983 by the American Bar Association. These are agreed-upon rules that every state, with the exception of California, abides by. California has its own set rules of ethics and conduct.
In most jurisdictions, you’ll need to prove that they breached the attorney-client relationship or did not provide competent and skillful representation, the result of which caused you to suffer a quantifiable financial loss. This is what forms the basis for seeking damages in legal malpractice cases.
If your lawyer doesn’t communicate properly with you and continuously ignores your requests for information, those are grounds upon which you can file a complaint with the state disciplinary board. If legal malpractice settlements are what you’re after, then you’ll need to sue.
On the other hand, filing a complaint against them with the state disciplinary board would be because they failed to act professionally, and not necessarily because you want to be compensated.
Be sure to include the name, address, and phone number of the errant attorney, and att ach copies of all the documents that are pertinent to your complaint.
So, if your lawyer blatantly refuses to hand it back to you or employs delay tactics every time you ask them for it, it’s your right to file a complaint against them.
State disciplinary boards are concerned about punishing errant attorneys, although the punishment is rarely severe, to be honest.
Every lawyer has an ethical duty to represent your best interests. This also means that they need to respond to your messages promptly or, at the very least, within a reasonable time frame.
These claims may include negligence, breach of fiduciary duty, breach of contract, fraud, violations of the Texas Deceptive Trade Practices Act, conversion, and other related claims. Depending on the type of claim, there may be a different measure of damages or recovery allowed. Many of these claims also have different statutes of limitations, and different rules determining when the statute of limitations begins to run on each claim.
Most legal malpractice cases require expert testimony to prove the lawyer’s conduct was below the standard of care, so it is important to have the case reviewed by an expert as part of the case evaluation.