what are grounds for sueing your lawyer for maalpractice

by Abbie Little 7 min read

Can I Sue My Lawyer for Malpractice?

  • Common Claims Against Lawyers. Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty.
  • Challenges of Proving a Legal Malpractice Case. Most legal malpractice cases are based on negligence. Your lawyer owed you a duty to competently represent you.
  • Before You Sue. Because legal malpractice cases are difficult to win, you may want to consider some alternatives before filing suit.
  • Hiring a Legal Malpractice Lawyer. Lawyers often take legal malpractice cases on a contingency fee basis—which means they take a percentage of your award or settlement rather than charge you ...

Should I Sue my Lawyer for legal 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.

What are the common grounds for a malpractice lawsuit?

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,...

What are the grounds for a lawsuit against a lawyer?

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.

How do you litigate a medical malpractice case?

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.

What kind of action is a malpractice suit?

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.

How do I know if my lawyer is cheating on a settlement?

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.

Do lawyers cheat their clients?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

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.

How to succeed in a malpractice case?

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.

How to win a malpractice case in Ohio?

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.

What to do if your complaint to the state attorney regulatory agency is unsuccessful?

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.

What does Dorian sue his lawyer for?

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).

What happens if your lawyer stops working on your case?

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.

Why is my case thrown out of court?

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.

What does it mean when you need an attorney?

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.

How to sue an attorney for 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. 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:

What are some examples of negligence in an attorney?

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 ...

What happens if an attorney fails to follow 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:

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.

What is breach of contract?

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.

What happens if you breach a contract in Florida?

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.

How long do you have to file a claim in Florida?

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.

How to prove legal malpractice?

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.

What happens if a lawyer doesn't do what they are supposed to do?

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.

Is Weisberg Law a malpractice law firm?

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.

Can you trust another attorney after a malpractice case?

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.

Why are legal malpractice cases so complicated?

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.

Why do attorneys fail?

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.

What to do if your attorney didn't do their job?

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.

What does your original attorney owe you?

Your original attorney owed you a duty of care to properly represent you

Can you sue an attorney for negligence?

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.

What to do if you are unhappy with a legal malpractice case?

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.

How to find a lawyer for malpractice?

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.

How to get a free consultation for a malpractice case?

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.

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 long does a malpractice suit last?

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.

How to get a copy of a malpractice case?

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.

How long does it take to file a 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.

What is the biggest hurdle in making a case for legal malpractice?

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.

What is medical malpractice?

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.

What does it mean when a lawyer agrees to defend someone?

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.

What are the rules of ethics for lawyers?

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.

What do you need to prove in a malpractice case?

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.

What happens if a lawyer doesn't communicate properly?

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.

Why do you file a complaint against a state disciplinary board?

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.

What to include in a complaint against an errant attorney?

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.

What happens if a lawyer refuses to hand you your money back?

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.

What are the disciplinary boards concerned about?

State disciplinary boards are concerned about punishing errant attorneys, although the punishment is rarely severe, to be honest.

What is the ethical duty of a lawyer?

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.

What are the types of claims against a lawyer?

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.

Why is it important to have a malpractice case reviewed by an expert?

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.