How to Sue a Lawyer

Often you need a lawyer to help you with a legal issue, but they can make mistakes, too. And since there are good and not so good members of any profession, sometimes the dispute escalates to where there's no recourse but the courts. That presents a dilemma, since you're fighting a person who supposedly knows his way around the court system. Here's how to sue a lawyer.

Instructions

Difficulty: Challenging

1. Get another lawyer. Your experience may have soured you on the legal profession, but if you're going to sue a lawyer you are going to need another attorney to represent you. There are a growing number of people who handle lawyer malpractice cases and who can advise you on whether you have a case and how to proceed.
2. Prepare to spend big bucks. It can be expensive to sue a lawyer, since the other side knows all the tricks using the system to his advantage. He probably can also get the best advice on hiring a malpractice defense lawyer.
3. Know the malpractice laws. They vary by state, but most experts agree it is a difficult case to win. You generally have to prove that your attorney's actions caused you damages, and that he failed in his duty to represent you. The threshold of proof is usually fairly high. You aren't likely to win if your lawyer promised you a big settlement then pressures you to agree to less.
4. Decide if the suit is worth it. Most states do not require an attorney to carry malpractice insurance, and a national study found only about 40 percent of lawyers in the U.S. have the coverage. Consider the amount of damages you would ask for if you sue a lawyer, and whether you are likely to ever collect.
5. Consider arbitration. Many state bar associations offer a grievance procedure that brings both sides together with a third party to resolve disputes. And know if you signed away your right to sue in the paperwork when you first hired the lawyer you now want to sue. You may have agreed to submit to arbitration to settle any disagreements.
6. Document, document, document. Keep complete and detailed notes on everything involved with your case, since you will be asked to prove every claim you make. Keep records of things like unreturned phone calls, hearings missed, your attempts to explain your dissatisfaction and all payment information.