How to Sue a Lawyer for Malpractice
Lawyers have extensive codes of conduct that bind their interests to those of the clients. Most lawyers follow these codes, but sometimes a lawyer falls short of meeting their requirements. According to Lawyers.com, clients can sue lawyers for negligence, breach of fiduciary duty or breach of contract. A lawyer who settles a case without a client's permission and in violation of his retainer agreement may have put his interests ahead of the client's. A lawyer who misses important deadlines in a way that affects the case may be guilty of negligence. Details of breach of contract are in the contract or retainer agreement.
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Instructions
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Suing a lawyer for legal malpractice
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Have a talk with your lawyer. Talk to your lawyer. The Blumberg Law Firm in California recommends that you interview your lawyer about how the case progressed. Prepare for the interview by writing down questions. Give your lawyer a chance to explain what happened.
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You have a right to see your case file. Gather your paperwork. Having paperwork helps create a trail of evidence that may be useful in court. According to Lawyers.com, the most common cause for complaints against lawyers is the failure of the lawyer to return phone calls. If a lawyer fails to return your calls, write a letter asking her nicely to get in touch with you. This might help create a paper trail. You should also try to find the contract or retainer agreement you signed with the lawyer, and any evidence in your case that you brought to the lawyer. You should be able to obtain a copy of your case file from your attorney.
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Many bar association have law directories. Find a legal malpractice lawyer. Look for one in a state bar directory. Interview several lawyers to find one you're comfortable with. Talk seriously about the possibility and financial consequences of losing, which in some places may mean you pay for your original lawyer's defense fees. The Blumberg Law Firm, in California, recommends that you ask the prospective malpractice lawyers about the number and results of past cases.
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Do what your new lawyer tells you. Follow your malpractice lawyer's advice. He may recommend negotiations, arbitration or a lawsuit.
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Tips & Warnings
Nobody likes to lose in court, but it's a long way from losing a case to legal malpractice. According to Lawyers.com, you must prove several things for a successful lawsuit. You must, for example, show that your attorney owed you a duty to act properly; that your attorney breached that duty by acting negligently; that she did not follow through with the agreement or made mistakes an average attorney would not have made; and that your attorney's behavior caused you damage. This includes proving that the results of your case would have been different (for example, you would have won the case) had the attorney acted properly. Finally, you must show that you suffered a financial loss as a result of the lawyer's behavior
References
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Comments
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needed an attorney that will sue another attorney in s.c.
