How to Contest Faulty Legal Representation
Dealing with a bad lawyer ranks among life's most stressful experiences. The good news is that every state offers a grievance process to discipline incompetent or dishonest lawyers. However, a successful outcome depends on your ability to document your case. In extreme cases, there may be no alternative but to file a legal malpractice suit, which requires money and specialized legal help.
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Things You'll Need
- Appellate defender (for ineffective counsel claims)
- Computer with Internet access
- Copies of lawyer-client contracts, emails, letters
- Court proceeding transcripts
- Legal malpractice attorney
Instructions
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Prepare For Your Case
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Make sure your complaint involves ethics violations that a grievance commission or disciplinary board can address. Your lawyer's competence or honesty, not their temperament, is the issue. Red flags include conflicts of interest, failure to file within a specified time period, non-communication about crucial issues and problems with settlement issues. (See References 1)
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Make copies of all paperwork, including your contract, emails and letters. You will need them to prepare a basic timeline of the case and major events that caused you to question your lawyer's abilities. For criminal cases, you need a copy of the hearing or trial transcript, which must be ordered weeks in advance and costs $2 to $3 per page.
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Go online to find the contact information or website for the attorney grievance commission or discipline board in your state. Many forms can be filled out or downloaded online, which greatly eases the filing process. However, you may still have to send copies of documents that you feel support your claim.
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Prepare for additional hearings in an appeals court if you claim ineffective counsel stemming from a criminal conviction. Your case may be assigned to an appellate defender's office while other states let private attorneys handle them. You must show a "reasonable probability" that your case would have ended differently if your lawyer was competent. (See References 3)
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Follow up if the committee requests more documentation, which usually requires a response within a specific time. Do not expect to appear at the hearing. Your lawyer must explain why their conduct is unworthy of discipline. Outcomes can range from a simple reprimand to suspension of the lawyer's license to practice.
Consider A Legal Malpractice Suit
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Consider filing a legal malpractice suit if you believe that your lawyer mismanaged your case and their conduct proved detrimental to its outcome. Before proceeding, however, ask to see your file and give your lawyer a fair chance to explain issues that may have hurt your case.
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Consult a malpractice attorney to determine if a breach of fiduciary duty occurred. The term refers to "the highest standard of care that is free from conflict of interest." (See References 2) Examples include not disclosing other legal relationships, misappropriating funds or settling a case for a lower than anticipated amount.
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Discuss the pros and cons frankly with the malpractice lawyer. Issues to consider include whether your original attorney had malpractice insurance, your losses are high enough to take the matter to court and the statute of limitations in your case has expired.
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Be ready to absorb contingency fees, hourly fees and related costs. A legal malpractice suit follows two tracks: a review of the original case as well as the points you are raising. Make sure that you can shoulder the emotional and financial costs of pursuing the suit.
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Tips & Warnings
Consider mediation, which is less costly than legal malpractice suits and faster than filing an ethics violation complaint. Many bar associations work with third party mediators to handle both situations.
Save the grief of hiring an ineffective lawyer by seeking friends' and coworkers' recommendations of good candidates. Never wait until you must make your "one phone call" in a criminal situation--or if a civil case has deteriorated to the point where immediate action is required.
Understand that a disciplinary action cannot reclaim lost funds if you filed a complaint on that basis. An action can only punish the lawyer for professional misconduct.
Whether you file a complaint or lawsuit, always ask for detailed, itemized bills or accountings. Your lawyer should be able to explain what they did, hour by hour, and what actions they took.
