How to Sue an Estate Tax Lawyer

If you believe you've been ripped off by an estate tax lawyer, you have the right to sue.

If you retained the services of an estate tax lawyer who you believe is guilty of malpractice, taking legal action against this individual is an option. You need to understand the basics of how to sue an estate tax lawyer because specific procedures must be followed. The laws governing this type of legal action vary slightly by state, but the general provisions are nearly uniform in regard to these cases.

Things You'll Need

• Demand letter
• Petition for malpractice

Instructions

1. Draft a demand letter to the estate tax lawyer. All states require that you attempt to settle a case by sending a demand letter prior to filing a lawsuit.

2. State in your demand letter the general reasons why you believe the estate tax attorney has acted improperly. Summarize the losses you sustained as the result of his actions. Itemize the dollar amount you require to settle your claims.

3. Send the demand letter to the estate tax lawyer via mail, return receipt requested. You need proof that your demand letter was delivered.

4. Obtain procedural guidelines and basic forms to pursue a lawsuit from the clerk of the court where the lawsuit would be filed. Clerks usually maintain court procedural guidelines as well as commonly used forms, including petitions.

5. Draft a petition for malpractice naming the estate tax attorney as the defendant. Include the facts surrounding your claim as well as a general claim for damages. The general claim for damages is a threshold dollar amount that you believe you are entitled to as the result of the estate tax lawyer's malfeasance. A statement such as "plaintiff seeks damages in an amount in excess of $50,000" will usually suffice.

Tips & Warnings

• In addition to pursuing a lawsuit against the estate tax lawyer, consider filing a complaint about his conduct with your state's attorney licensing agency. Information about where to file such a complaint is available through the office of the clerk of the highest appellate court in your state. Normally, this is the state's Supreme Court.

• Filing and pursuing a malpractice lawsuit is complex. A good number of experienced lawyers decline these cases because of their complexity. Therefore, if you are serious about pursuing an estate tax attorney in court, consider hiring a legal malpractice lawyer to represent you. Some attorneys specialize in pursuing lawsuits against lawyers guilty of malpractice.

References

• "How and When to Sue Your Lawyer: What You Need to Know"; Robert Schachner and Robert Phillips; 2005
• "Legal Malpractice Law: Problems and Prevention"; Susan S. Fortney and Vincent R. Johnson; 2007

Resources

• Cornell Universty Law School: ABA Model Code of Professional Responsibility