what lawyer should i use to sue someone

Full Answer

How to find a lawyer to sue another lawyer?

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)

How do you sue your lawyer?

My mother-in-law has never thanked me once for being the ... The only co-worker who gets along with her is “Sue,” who also works in the same side business (and spends work time doing it ...

Can a lawyer sue his client?

No. In Abedia v. Sheikhpour, the California Court of Appeal addressed, and resolved, an issue that may seem self-evident: an attorney cannot sue his or her own current clients, and a client cannot waive actual conflicts in that circumstance. What happens if a lawyer overcharges you?

Who may sue an attorney?

• Your lawyer has abandoned your case
• Your case was tossed out of court due to a lack of research and effort on the part of your attorney
• Your attorney has settled your case without your permission
• Your attorney has misused your retainer money
• Your lawyer is representing another client to your disadvantage

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What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

What is it called when you sue someone for suing you?

Every county in California has a small claims court. The person suing you (called "the plaintiff") has to sue you in the right court. You can ask for your case to be dismissed (or transferred to the proper court location in your county) if you are sued in the wrong court.

What is the most you can sue someone for?

As far as the minimum amount you can actually sue someone for, there is no limit. Legally, you can sue someone for any amount in court. The only criteria which has to be met, is that there is a valid cause of action.

How do I sue someone in Canada?

How to File a Lawsuit in CanadaDecide if you want to sue in Small Claims Court, Civil Resolution Tribunal, or BC Supreme Court. ... Fill up the Civil Resolution Tribunal Dispute Application Form and pay the definite fee, which is $125 for the online form and $150 for the paper form.More items...

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

What is the process in suing someone?

Checklist — If You Are SuingFigure Out How to Name the Defendant.Ask for Payment.Find the Right Court to File Your Claim.Fill Out Your Court Forms.File Your Claim.Serve Your Claim.Go to Court.

Do I need a lawyer for small claims court?

You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.

Can I sue someone for not returning my money?

The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement. He can do so under Order 37 of CPC which allows the lender to file a summary suit. He can file this suit in any high court, City Civil Court, Magistrate Court, Small Causes Court.

What are the 4 types of civil law?

Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort). C. Contract law involves a contract, or a set of enforceable voluntary promises. D.

How much does it cost to sue someone in Canada?

According to recent surveys of Canadian lawyers, it can cost upwards of $10,000—$25,000 to take a lawsuit through the traditional litigation process and a trial. Small claims actions cost considerably less and often involve little more than a small filing fee and another fee to serve documents on the opposing side.

What is the maximum you can sue for in Canada?

If believe you are owed money for the return of personal property, you can sue that person or business in Small Claims Court for $35,000 or less. For anything over $35,000, you need to go to the Superior Court of Justice.

How can I sue someone without a lawyer?

To start a lawsuit without a lawyer, you may need to file a verified complaint, along with the specified filing fee. It is the same first step that a lawyer may take in commencing a lawsuit. This step is immediately followed by the filing of a civil summons form.

Matthew T. Bracy

You cannot garnish wages in Texas, as some of my non-Texas colleagues have suggested. However, they are absolutely correct that you must take action on your judgment. A judgment is a right to collect, but does not collect itself (and the courts don't collect for you). You should contact a collections attorney for advice on how to proceed...

Pamela Koslyn

You already sued him and won a judgment. Now you need to "execute" (collect) your judgment. There are several choices: if he owns real estate, record an abstract of the judgment in the county where he owns property. You get paid when he sells or refinances. You can levy his bank accounts. You can garnish his wages.

James P. Frederick

You need to enforce your small claims judgment. You should check with the court to determine how to execute on the judgment. I do not know why you have waited this long, but the delay has not helped you. If you cannot get help from the court, then I would meet with a collection lawyer to determine what your options are.

What to do if your lawyer doesn't warn you?

If your lawyer candidate doesn’t warn you on how suing can backfire, run. If they claim they are the best around, they aren't. If their goal is extorting a pre-trial settlement go elsewhere and find a lawyer who is willing, if needed, to go all the way to a final judgment. Good ones will. Finally, never lie.

What do PIABA lawyers sue?

I've been watching them over decades, and they’re pretty good. PIABA lawyers also sue mutual funds, hedge funds, and investment advisers. These may end up in court or arbitration, depending on the contracts you signed.

Can I use an attorney in Nebraska?

Several states like California, Michigan and Nebraska won’t let you use an attorney. Rules vary by state. If you’re alone and your opponent has a good attorney, you’re at a huge disadvantage. Sadly, any lawyer can go to court.

Common Types of Small Claims Lawsuits

You can file a small claims lawsuit against someone who owes you money in the following manners:

Get in Touch With a Legal Professional Before You Sue

If you intend to sue someone, you should consult an experienced lawyer to determine if you have a winnable case. Many attorneys offer free initial consultations and won’t charge you until they win your case. Find an experienced attorney near you today by knowing what you should look for in the professional.

How Much Does It Cost to Sue Someone?

The average cost of suing someone is difficult to calculate, but you should expect to pay around $10,000. The cost of your lawsuit will be much higher if it is complex and requires many expert witnesses.

What Happens After You Sue Someone?

In the event the case does not settle after discovery or is not resolved by a motion for summary disposition or default judgment, it will go to trial. Trials require lawyers to spend considerable time preparing for them. The jury decides which facts to believe in a jury trial, whereas the judge decides what to believe in a bench trial.

Conclusions

Litigation can be a grueling and stressful experience. By understanding the process, you can take control of your situation and make the best decisions for you and your family.

How to find a good lawyer to sue?

The way to find a good lawyer to sue someone is from personal referrals. Ask people with similar problems to refer you to a good lawyer for your lawsuit It's not likely that your next-door neighbor will know a good lawyer for your needs.

What to do when you sue someone?

When you sue someone, find a good lawyer in your state. The practice of a lawyer is limited to the states where he/she is licensed. Your lawyer must be licensed to practice law in the state where you are going to sue someone.

What to ask a paralegal at a preliminary interview?

During the preliminary interview, you'll want to ask if they will sue someone and take the case to court or will they negotiate a settlement out of court. Ask about their legal experience and success. Find out how much of the work will be done by paralegals. A lawyer should also carry liability insurance.

How much do lawyers charge to sue someone?

In private practice, they may work for an hourly fee according to a billable hour structure. Professional fees range from $100 per billable hour to $500 and more , depending on the lawyer and the specialty.

What does a lawyer do before a lawsuit?

A good lawyer will help you weigh the merits of your case before you sue someone . Sometimes to sue someone is not the best answer for your problem. A legal action involves substantial legal fees, plus lots of preparation and research. If your lawsuit goes to court, it can be prolonged and delayed for a long time.

How much can you sue for in small claims?

In some states, the limit you can sue for in Small Claims is $5,000 or $10,000. You can sue in Small Claims for the return of a rent deposit, unpaid bills, or a broken contract. Many people regularly sue someone and argue their own case in Small Claims Court without a lawyer.

What happens if you can't afford a lawyer?

The lawyer will not bill you, but will take a percentage of the money awarded if you win the case. Your lawyer's fee might be 30% or more of the award when you sue someone.

How to sue someone in California?

California Courtslists these as the steps for how to sue someone. Keep in mind the actual courts and processes may vary by state, but generally you will need to do these things if you’re pursuing a case by yourself: 1 Figure Out How to Name the Defendant 2 Ask for Payment 3 Find the Right Court to File Your Claim 4 Fill Out Your Court Forms 5 File Your Claim 6 Serve Your Claim 7 Go to Court

Why is being a lawyer so hard?

Being a lawyer is hard; that’s why it takes so much time and money to become one. Lawyers typically do not represent plaintiffs at small claims court because the stakes, shall we say, are too low — but that makes those cases no less complex for a layperson.

What happens when someone steals someone else's property?

When someone steals someone else’s property, the victim can notify the police ( in which case the person may be charged with criminal theft). The victim can also file a civil suit (in which case the person can recover the fair market value of the stolen property). Reply. Linda Mcgrathsays.

What happens if someone disobeys a court order?

When someone disobeys a court order, you can file a contempt action in an effort to get them to comply. If the court finds that the person did in fact disobey the order, the court may fine the person (or even put them in jail). In addition, the court will take steps to force the person to comply with the order.

How much money do you need to file a small claims lawsuit in Texas?

In Texas, a small claims court actionis one that demands $10,000 or less in damages. If the damages are more than that amount, you’d need to file a personal injury lawsuit to recover costs.

Can I sue my friend for assault?

So to answer your question: Yes, you can file a civil lawsuit against your friend for assault. Whether or not leaving your job is considered a direct cause of the assault is a question for the jury. Reply. Rose D.says.

Does insurance pay the settlement?

The insurance company might pay the settlement to your lender , or it might come to you and you would pay it to your lender. But you are still responsible for paying the balance of the loan unless you have gap insurance. Gap insurance would usually cover the difference between the cash value and what you owe.

What is fraudulent bill padding?

Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely.

Is it wise to make assumptions about your case?

It is never wise to make assumptions about your case, or your chances of success, without at least consulting a lawyer. Contract law contains plenty of confusing “grey areas” and loopholes. The exact interpretation or presentation of the facts associated with your case could significantly change the outcome.

Is stealing an item from a client's home a chargeable offense?

These commonalities are mostly a result of the fact that there are only so many ways to violate a contract. Other transgressions, such as stealing an item from a client’s home, might be a chargeable offense as well as grounds for a civil suit. Still, others may constitute a crime, but not necessarily justify a lawsuit.

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.

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)

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 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.

Can an attorney be disbarred?

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.

Can you sue a lawyer for 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.

Does losing a case mean you committed malpractice?

It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.

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 .

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.

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 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.

Why do I get more money than I would get by suing?

From a purely practical point of view, you may receive more money that way than you would by suing, because you will have to pay attorneys' fees and other costs in connection with a lawsuit. 4.

What is a small claims court?

Each state's court system has some variation of " small claims court " or "conciliation" court, which only hears disputes in which a certain dollar amount is at issue (usually $5,000 or less).