what type of lawyer do i need to sue a court clerk

You need an attorney who has experience with sovereign immunity and the requirements/limitations of this area of law. As previously stated, there are very strict rules governing how to place the State on notice and when such a notice must be filed. If you miss the deadline for doing so your claim will be barred.

Full Answer

What do you need to sue a lawyer?

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 ... 2 Breach of duty. ... 3 Breach of contract. ...

What kind of lawyer do I need to sue a contractor?

What Kind of Lawyer Do I Need to Sue a Contractor? The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.

How do you sue a judge in court?

Meet with a lawyer. Because you cannot sue judges except in limited situations, you need to meet with a lawyer to see if your case fits into one of the narrow exceptions to judicial immunity. During a consultation, you can explain the facts of your case, and the lawyer can advise you whether you have a legal case against the judge.

Can you sue a lawyer for malpractice?

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.

What are the best things to sue for?

Here are 11 top reasons to sue someone.Compensation for Damages. A common form of this is monetary compensation for personal injury. ... Enforcing a Contract. Contracts can be written, oral or implied. ... Breach of Warranty. ... Product Liability. ... Property Disputes. ... Divorce. ... Custody Disputes. ... Replacing a Trustee.More items...

How do I prepare for suing?

If you do decide to pursue legal action, here are some general tips on how to prepare to sue someone:Determine Whether Your Case Is Viable. The first thing to consider is if you have a viable case. ... Determine Where to File Your Lawsuit. ... Make Sure the Statute of Limitations Hasn't Run Out. ... Consider the Evidence.

What is a Class A action lawsuit?

A class action is a procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group, or "class".

What is the maximum amount you can sue for in small claims court in California?

Small claims courts have an upper limit on the amount of money that a party can claim. You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000.

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 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.

Is a class action lawsuit worth it?

Class Action Lawsuits give you better odds of a settlement When many plaintiffs with the same issue combine together to form a class, each person has a better chance of recovering compensation when they may not have been able to do as individuals.

Who can file a class action suit?

4. Eligible entities according to the Company's Act, 2013. A class action suit can be filed against following persons to claim damages or compensation or demand any other suitable action from or against: the company or its directors for any fraudulent, unlawful or wrongful act or omission.

What are the pros and cons of a class action suit?

Pros And Cons Of Class Action LawsuitMore Strength as a Group. ... Your Lawsuit Charges are Significantly Less. ... Advantageous to the Judicial System. ... Guaranteed Settlements. ... Very Little Agency in the Matter. ... Class Action Lawsuits Take a Very Long Time to Settle. ... Class Action Lawsuits Cannot Be Reapplied To.

Can you sue for emotional distress in small claims court California?

Intentional Infliction of Emotional Distress. In California, victims who suffer emotional distress because of another person's conduct can file a lawsuit for the intentional infliction of emotional distress. There is no requirement that a victim suffers a physical injury.

How much does it cost to file a civil suit in California?

Filing FeesClaims for $1,500.00 or less$30.00Claims from $1,500.01 to $5,000.00$50.00Claims from $5,000.01 to $10,000.00$75.00Persons or Business who have filed more than 12 claims in CA in the previous 12 mos.$100.00Service of Documents by Certified Mail$15.00 (per defendant) [Fee waiver does not cover]6 more rows

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

What do you need to sue someone in court?

In general, to sue someone in court, you will most likely need the help of a lawyer. Some lawyers will take a case like this for a “contingent fee. (25) …

What to do if you don't have a clear connection to a lawsuit?

If you do not have a clear connection to the lawsuit you want to file, talk to a lawyer to make sure you have the legal right (standing) to sue in that case (4) …

Why do people sue others?

There are a multitude of reasons people want to sue others, such as money owed, damage to your A good litigation attorney can make or break a case. (9) …

What can a lawyer do?

Lawyers can draft or review legal documents, mediate disputes and negotiations outside of court, represent you in a lawsuit, and provide general legal advice (8) …

What is a defendant in court?

A defendant is a person or organization against whom a court case is filed. Do I need to hire an attorney for small claims court? (31) …

Do you need an attorney for a car accident?

While you do not need an attorney to file a claim for compensation, having a car accident lawyer on your side can allow you to focus on your health. (37) …

Is dispute resolution a fact or a law?

Mar 3, 2019 — Dispute resolution is supposed to be about facts and law. Rarely does it morph successfully into theatrics. Good trial lawyers needn’t be (1) …

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

What to do if you have been injured in a car accident?

If you’ve been injured in a car accident, find yourself a personal injury attorney. These lawyers are experienced in dealing with insurance companies and helping you obtain the maximum recovery in light of the liability and damages issues involved. Personal injury lawyers don’t just handle car-accident cases. Typically, this is the type of lawyer you need if you’ve suffered a physical injury as the result of someone else’s negligence. Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

Can a business sue another business?

Businesses sue each other all the time, for any number of reasons. If your business is being sued for allegedly breaching a contract with another business, you will have more luck securing representation if you narrow your search to one seeking a business litigation attorney rather than a “business lawyer.”.

How to file an injury claim against the government?

Your best first step, if you think a government agency might be responsible for your accident injuries, is to contact the clerk's office for that agency and ask about the process and requirements for filing an injury claim. You can also start by doing an online search using a phrase like "claim against [name of state/city/county] government."

How long do you have to file a claim after an accident?

Cities, counties, and other governments are free to set the rules under which they can be held liable for causing injuries or property damage. As a result of that freedom, most municipalities have put strict procedures in place for a claimant to follow before he or she can get compensation for an injury. You usually need to file a claim within a short amount of time after your accident or injury—30 to 180 days in most cases.

Can you sue a government employee for an accident?

From a procedural standpoint, the kind of case you're talking about is not a " lawsuit "—at least, it won't start out as one. You cannot usually just file a lawsuit against a government agency or government employee after an accident, the way you would a private citizen or business.

What happens if you disagree with a judge's decision?

If you merely disagree with a decision a judge made or are unhappy with a court over the outcome of a case, you generally have the option to appeal. You're not so much suing the court as asking another court to review the decision and possibly overturn it. Most decisions of a state or federal trial court, whether in criminal or civil cases, are subject to review by an appeals court.

What are some classic threats you hear regarding legal arguments?

There are some classic threats you hear regarding legal arguments. "You're getting sued!" "I'll see you in court!" "I'm taking my case all the way to the Supreme Court!" But what if your beef is with a judge or the court itself? Can you take the court to court?

Can you sue a judge?

Suing a court or judge can be a risky legal proposition. The doctrine of judicial immunity is well established, and frivolous claims could have you paying the judge's court costs and fees. Talk to an experienced attorney before filing any type of legal action.

Can a judge be sued in a criminal case?

So a judge can't be sued over a decision in a criminal case in her court, but could face liability for trying to influence an unrelated family court matter.

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 is breach of duty in a lawyer?

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.

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.

3 attorney answers

Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions.

Eliot M. Wolf

As Mr. Slick and Mr. Wolf indicated, you should seek counsel from some one familiar with bringing law suits against the state, and the type of lawyer depends on the nature of your claim.

How to sue a judge?

Meet with a lawyer. Because you cannot sue judges except in limited situations, you need to meet with a lawyer to see if your case fits into one of the narrow exceptions to judicial immunity. During a consultation, you can explain the facts of your case, and the lawyer can advise you whether you have a legal case against the judge.

How to get a case dismissed?

Defend against a motion to dismiss. The judge will undoubtedly try to get the case dismissed by filing a motion to dismiss. The motion will argue that the judge is protected by judicial immunity, which is absolute. Your attorney will need to argue that the alleged conduct was not judicial in nature and that the lawsuit should proceed.

What are the acts of a judge?

Common judicial acts include: Ruling on motions. Deciding issues, like child custody, alimony, and child support, as well as the outcome of a civil or criminal case when the judge is acting as the finder of fact.

How to make sure you can be heard?

Make sure that you can be heard. Speak clearly and use words like “Yes” or “No.” Do not make sounds, like “Uh-huh” to signal agreement or disagreement. Also speak loud enough so that all jurors can hear you.

What is discovery in a lawsuit?

Engage in discovery. “Discovery” is a process parties engage in after a lawsuit is filed. They request and exchange information and documents in each other's possession or control. The most common discovery methods include:

What is a 1983 lawsuit?

The basis of your lawsuit against a judge will probably be that you were deprived of your civil rights. These suits are called “section 1983” cases, which is the section of a federal statute that authorizes them.

Do civil rights lawyers charge fees?

This means that the defendant would have to pay for your lawyer if you prevailed. Second, many civil rights attorneys will represent you on “contingency.”. Under this arrangement, the lawyer will not charge legal fees. Instead, you will pay a portion of any amount awarded to you at trial.

What Kind of Lawyer Do I Need to Sue a Contractor?

This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might charge $25,000 to totally renovate a home over the course of six months.

What is a false claim?

False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations.

What does "harassing the client" mean?

Behaves in an inappropriate manner (harassing the client)

Can you sue for a contractor who asks for more time?

On the other hand, not every issue is a good reason to sue. A contractor who repeatedly asks for more time because the job turns out to be more complex than originally assumed isn’t necessarily at fault as long as they can justify the extension.

Heather A Lottmann

You will need to speak to an attorney in the St. Louis area, if I read your locale correctly. There are many fine STL workers' compensation attorneys who are on AVVO or are part of the Missouri Association of Trial Attorneys. Your best bet is to run an AVVO search or simply run a Google search.

John Richard Boyd

Employment Law, Workmen's Compensation. Depends a little on the situation...

Stacey Lynn Schlimmer

You need a workers compensation attorney, and you can find one through this site, by clicking the "Find a Lawyer" tab at the top of this page and then searching for a workers compensation attorney in your city and state.

Gilbert Earl Fisher

You need an attorney that primarily does workers compensation. There are many attorneys that do this as part of what they do, however I suggest you get someone that focuses on this area of the law exclusively since they know the other attorneys, the judges, the insurance company adjusters, and how the system works.

John M Connell

A workman's comp attorney. Use the find a lawyer function on Avvo to locate one. We attorneys cannot contact you on Avvo and in fact cannot even see your contact information.