A lawsuit is a way to apply pressure and get them to comply. Protect your property: Property, both physical and intellectual, needs to be protected. If you feel someone is infringing on your property rights, suing may be the only means possible to protect what is yours.
Even where an attorney made an obvious mistake, that mistake must have injured the client. The classic example of negligence is the attorney who did not file a lawsuit before the statute of limitations expired.
Remember that conflict checking is not one and done, but an ongoing process. You check at the intake stage, when a new party enters the action, and when a new attorney becomes involved. Being proactive with ongoing conflicts checks helps to protect your client and to guard against malpractice.
When you sue a person, you file your lawsuit against that person, using their legal name and any aliases. You also need that person's address. Often, it is easy to get this information if you do not already have it, by looking at any paperwork you may have about the legal dispute.
Definition. A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).
This is a basic principle of tort law. Failure to act in accordance with one's duty of care will constitute a violation of the standard of care (applicable to the situation) and give rise to negligence liability. To sum it up: a mistake gives rise to negligence when the mistake violates the standard of care.
A “conflict of interest” is defined in the Rules as the existence of a substantial risk that a lawyer's loyalty to or representation of a client would be materially and adversely affected by the lawyer's own interest or the lawyer's duties to another client, a former client or a third person.
A conflicts check typically involves examining computerized lists of clients and cases to determine whether the moving lawyer has ever represented parties with interests adverse to those of the new firm's clients, and normally the disclosure of that information occurs before the lawyer is formally hired by the new firm ...
A conflict of interest involves a person or entity that has two relationships competing with each other for the person's loyalty. For example, the person might have a loyalty to an employer and also loyalty to a family business. Each of these businesses expects the person to have its best interest first.
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.
You are not required to have a lawyer when you file a criminal case, but you may choose to have one assist you in the process. When filing a criminal case, you will have to prepare your complaint-affidavit accompanied by the affidavits of your witnesses and other evidence proving the alleged violation of a crime.
A frivolous claim, often called a bad faith claim, refers to a lawsuit, motion or appeal that is intended to harass, delay or embarrass the opposition. A claim is frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S. 319, 325 (1989).