what type of lawyer to sue an individual

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 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 it called when you successfully sue someone?

The process of suing someone is called “litigation.” Litigation has several stages, or “phases,” as they are sometimes called.

How do I sue someone in Arizona?

The plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take. A copy of the complaint and a summons are delivered to (served on) the defendant.

How do I sue someone in NC?

To start a lawsuit, you mail or deliver a complaint and a summons to the Office of the Clerk of Superior Court at a county courthouse. This part of the booklet explains where to sue, which complaint form to use, how to fill in the prop- er legal forms, how to file the claim, and how to get the forms to the defendant.

Do you need a lawyer to sue someone?

If your case meets the requirements for small claims court, you will usually be able to represent yourself, if you wish. You will save attorneys' fees by doing so. However, you may wish to pay an attorney to coach or advise you on how to prepare your case.

Can I sue for emotional distress?

To prove a psychological injury you must be able to show that you suffered a quantifiable psychological injury as a result of someone else's negligence or failure while in their duty of care.

How much does it cost to sue someone in Arizona?

Note 1: Pursuant to A.R.S....Effective May 16, 2018A.R.S. § 22-281 CLASSDESCRIPTION (in cases where amount in controversy exceeds $50)BASE FEEAInitial case filing fee$73.00Civil filing feesBSubsequent case filing fee$40.0023 more rows

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.

How do I start a lawsuit?

You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.

How much does it cost to file a civil lawsuit in North Carolina?

Complaint: The Start of a Civil Lawsuit In North Carolina, the Clerk of Court charges a $200 fee for the complaint to be filed.

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.

Who pays the court fees in small claims?

Fees are payable at two key stages. The first is the issue fee the court charges to start the claim. The second is the trial fee. If a defendant wishes to pursue a counterclaim, a fee will need to be paid by the defendant.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

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.

Why do personal injury attorneys charge by the hour?

Personal injury attorneys usually work on contingencysimply because it would not be financially possible for a plaintiff to bankroll a lawsuit; criminal attorneys like to charge by the hour. Far too much is required in fees on an up-front basis. For types of cases other than personal injury, ask for the attorney’s estimated fees and weigh whether it would be smarter to settle or pursue a claim pro se.

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.

What is negligence in a personal injury case?

For example, a personal injury caseusually requires plaintiffs to illustrate the concepts of negligence: that an injury occurred; that the defendant owed you, the plaintiff, a duty of care; that a breach of that care occurred; and this resulted in damages. The elements would be different for a breach of contract, which mean you must show that a contract was formed; that you performed as required under the contract, but a breach occurred when the defendant did not; and this breach resulted in damages.

Why do plaintiffs sue?

Plaintiff’s counsel typically file suit against all possible defendants. There are many solid reasons for filing against “secondary” or even lesser defendants, such as the potential for failed liability against a primary defendant, the implication of additional insurance policies, future insolvency of a primary defendant, and, of course, the practical consideration of having “more money at the table” in settlement negotiations. Most obvious is the fact that to not do so can ultimately equal malpractice, should any of these or other factors be implicated.

Why is it not so simple to sue a potential defendant?

The question of whether or not to sue a potential defendant might traditionally be answered with another question, “why not?” In employment cases, it is not so simple a question, both because of difficult legal questions regarding viability as well as tactical and strategic questions that might not be present in other tort litigation.

Why is it important to have an individual defendant make settlement decisions?

Because of the strong emotional factor, having an individual defendant making settlement decisions can either move a case towards settlement or can provide an impediment. Ask yourself and your client the following questions:

What does it mean when you are sued?

When individuals are being sued, the litigation becomes more of a personal matter, as opposed to a simple business matter. What this means is that you may be personally suing the very person who must decide – or at least has input into the decision of – whether or not to pay your client.

What is the law regarding employment torts?

California Code of Civil Procedure § 3294 requires that to obtain punitive damages against a corporation, an officer, director, or managing agent must have perpetrated the unlawful act, ratified , or, prior to the wrongful acts, employed the wrongdoer despite knowledge of their lack of fitness for the workplace.

What happens if you are not a defendant?

On the other hand, if they are not an individual defendant, and are not personally accused of any wrongdoing, they can settle the case, point the finger at the boss, and have plausible deniability when discussing the matter with their superiors.

What does plaintiff's counsel look for in an employment case?

When bringing an employment case, whether for wrongful termination, sexual harassment, retaliation, breach of contract, failure to pay wages, or any of the other myriad employment suits, plaintiff’s counsel must look not only to identifying the correct employer-defendant, but also to identifying the viability – and advisability – of su ing individual employees.

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.

What Can They Sue The Police Department For?

An individual who has a case against a police officer can win various damages in a lawsuit depending upon the details of the case.

Why is it important to have a lawyer for a police case?

By having the right attorney, the victim can ensure that their case is in good hands. Police lawsuits are difficult, but specifically seeking the assistance of an experienced criminal attorney can make the process much easier.

Can you sue the police for excessive force?

Lastly, a person who was a victim of excessive force is able to sue the police. In any lawsuit against the police, extensive evidence must be presented in order to win, as police officers and departments can be notoriously challenging to overcome in court. However, with the right attorney by your side, your case will have a much higher chance ...

Can you sue a police officer?

An individual is eligible to sue the police if their civil rights have been violated by an officer. When police misconduct occurs, it is important to ensure that law enforcement is held accountable for their actions. While winning lawsuits against police officers is difficult, it is not impossible.

Can a plaintiff prove that police misconduct cost them intangible losses?

Non-economic damages can be awarded if the plaintiff can prove that police misconduct cost them “intangible losses.” These intangible losses go beyond the lost wages directly related to the police misconduct.

Can you sue the police for racial discrimination?

Additionally, discrimination lawsuits can be filed if the individual can prove a pattern of racial or sexual discrimination, or discrimination based off of one’s gender or sexual identity. A person can also sue the police for violating their Fourth Amendment rights, which protects them from illegal searches and seizures.

Can police be awarded for pain and suffering?

Likewise, further suffering as a result from injuries on behalf of police that fall beyond medical costs can be awarded on the basis of pain and suffering as well as loss of enjoyment of life.

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.

How to get money in small claims court?

If you are asking for a small amount of money in small claims court, you may be able to bring the lawsuit yourself. Gather the evidence (emails, texts, dates of calls, contracts, etc.) and think about what you would tell the court. The company will be served and will either ignore you (which means you win the case) or appear in court to fight back. The judge will have the final say — if you win, then you need to do your own legwork or hire an attorney to ensure you are paid.

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.

What to do if a business won't respond to your demand?

If the business won't respond to your demand, it's often possible to lodge complaints against businesses . If a company won't resolve a problem, look up the better business bureau or consumer protection office in your state. You need to have the legal business name, legal name of the owner, and phone number when making a complaint. This can be a good middle step if the company won't work with you outside of court but you don't want to sue the company yet.