Participate in fee arbitration . If your dispute with your lawyer is over fees, most states offer an informal method of resolution called arbitration. A neutral third party presides over the arbitration, receives evidence from both sides, and makes a decision about what fees are owed.
You must show that your lawyer failed to act with the knowledge, skill, and care of other qualified attorneys practicing under similar circumstances (called the “standard of care”). Often times, lawyers must make strategic decisions or judgment calls, which don’t always turn out for the best.
Most legal malpractice cases are based on negligence. To win this type of case, you must prove all of the following: 1 Your lawyer owed you a duty to competently represent you. 2 Your lawyer breached that duty. 3 Your lawyer's breach caused you to suffer a financial loss.
Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders.
The time limit for filing a legal malpractice case can be as short as one year.
Breach of contract. Breach of contract occurs when a lawyer violates a specific term of the lawyer’s agreement with a client. For example, if your contract says that your lawyer will create a corporation for you by a certain date, the lawyer must stick to that agreement. Breach of fiduciary duty. Lawyers owe certain fiduciary duties ...
Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.