what to do if your lawyer is misrepresenting your case

Full Answer

What do I do if my lawyer makes a mistake?

You can report them to the state bar or the American Bar Association. They will conduct an investigation if the mistake is serious enough and the lawyer could face being disbarred or other disciplinary actions. For more information, call us at (305) 440-0450 or send us an email by visiting our contact us page.

What should I do if my attorney messes up my case?

You do have options if your attorney messes up your case. Generally, your possibilities depend on the type of mistake and how much it affected your case. For minor mistakes, you can fire your attorney and get a second opinion. You can also report them for failing to meet their duties of professional conduct.

What should I do if my lawyer appears to have acted improperly?

If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better.

Can I Sue my attorney for misrepresentation?

When you’re being represented by an attorney, you expect them to be competent, professional and capable of providing the best legal advice possible. You have every right to sue your legal team if you feel that you have been misrepresented or that something is amiss during legal proceedings and has caused you a financial loss.

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 when a lawyer lies to his client?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.

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.

How do you know if a lawyer is scamming you?

How To Avoid Legal Representation ScamsPayment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.

Are lawyers allowed to lie to clients?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty. Cal.

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 ...

What happens when a lawyer makes a mistake?

There are other options if you don't want to sue your former attorney for a mistake they made. You can report them to the state bar or the American Bar Association. They will conduct an investigation if the mistake is serious enough and the lawyer could face being disbarred or other disciplinary actions.

How do you fire your lawyer?

If you decide to fire your lawyer, the best way to do it is in writing either via email, mail, or text. Your termination notice should let the lawyer know the reason for the decision and should also give instruction as to where to send a copy of your file.

How do you disbar a lawyer?

Proceedings for disbarment or any administrative case against a lawyer may be filed before the Commission on Bar Discipline by submitting six (6) copies of a verified complaint to the same. He shall have the power to issue subpoenas and administer oaths.

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.

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.

How long should a lawyer take to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

How to win a malpractice case?

You must be able to show that the attorney either failed to uphold her part of your contract, breached her fiduciary duty or was negligent. Beyond that, you mush show that you were harmed by the attorney's action or inaction. If you can show this to be the case, you may have grounds for a lawsuit.

What happens if an attorney doesn't perform his duties?

When lawyers don't perform their duties as expected, they may be guilty of legal malpractice. If you suspect your attorney has misrepresented you, or has performed incompetently, you may have grounds to file a lawsuit.

What is the next step in a lawsuit?

The next step consists of serving a summons to the lawyer, which must be delivered in person. A summons provides notice to the defendant of a lawsuit that there is an action pending against him. The summons will compel the defendant, in this case the attorney you are suing, to answer the complaint filed against him.

Stephen F Wallace

Call the attorney and get the real story as only the ADA can offer you a plea bargain AND the ADA would not address this to you directly. Your attorney must provide you with this information ASAP. It is unethical to move forward with any further litigation until this offer is reviewed and accepted or rejected by you.

Sarah Jessica Farber

If your attorney is court-appointed, then you can ask the judge at your next appearance to appoint you a new attorney. You might not get one, however, because you aren't entitled to the attorney of your choice. If you paid this attorney, you can always fire him and try to hire another one...

Emma A. Kremer

I'm sorry that you have to deal with this unfortunate situation. I agree with the answers of my colleagues. The best thing to do is report the attorney's behavior to the Board of Bar Overseers and potentially sue for professional malpractice but as already noted, such cases are quite difficult to win.

Daniel DeMaria

I agree with my colleague. Contact the Massachusetts Board of Bar Overseers. Also, you may want to contact a lawyer to see whether you have grounds to vacate the order. And, you may be able to sue the lawyer for professional negligence, though those cases are usually very hard to win. Lastly, you can always review the lawyer on Avvo. Good luck...

John Joseph Westerhaus

This is the proper resource for you in MA: http://www.mass.gov/obcbbo/complaint.htm According to that website...

What to do if your attorney messes up your case?

You do have options if your attorney messes up your case. Generally, your possibilities depend on the type of mistake and how much it affected your case. For minor mistakes, you can fire your attorney and get a second opinion. You can also report them for failing to meet their duties of professional conduct. For the most serious of cases, you can ...

What are the common mistakes made by attorneys?

There can be severe legal consequences if your attorney makes a mistake in our case. Some common errors include: Missing a statute of limitations: This is a time limit that you have to comply with when filing a lawsuit.

What happens if a lawyer doesn't take a case?

If they do not and they still take the case, they are making an error and opening themselves up to legal malpractice claims. They break their fiduciary duty to a client: A lawyer’s main job is to protect and advocate for their client. This means that they have to act in the best interests of the client and they cannot act in their own best interest.

What happens if you don't have a strong case?

This means that if you did not have a strong case to begin with, you would be unlikely to win a legal malpractice case.

What is legal malpractice?

Legal malpractice is when an attorney makes a grievous error in handling a case. Lawyers are held to a general standard and codes of ethical and professional conduct. Depending on the severity, when they break these rules they may be guilty of medical malpractice.

Why are lawyers more likely to make mistakes?

They are more likely to make a mistake if they are specialists in a certain type of law and have no experience in the legal rules associated with your case. They must have some competence in the core of your case. If they do not and they still take the case, they are making an error and opening themselves up to legal malpractice claims.

What does it mean when an attorney breaks the law?

Instances of attorney’s breaking this duty include taking a case where there is a conflict of interest, ignoring a client’s wishes, or breaking attorney-client privilege.