Suing Your Lawyer Is Possible

Suing Your Lawyer Is Possible

Unfortunately, legal malpractice happens because lawyers are human beings. That doesnt mean its right or should be condoned. If lawyers representing you do something that seriously jeopardizes the case, appropriate money when they shouldnt or just in general do a really poor job of representing you, you may have grounds to sue the attorneys for compensation. You may also file a claim of legal malpractice in the instance of fee disputes and ethical violations such as the same attorney representing both parties in a divorce.

Keep in mind that no two legal malpractice cases are alike and they may fall into one or more of roughly three categories. The first category is referred to as breach of fiduciary duty. Generally, lawyers breach their fiduciary duties to clients when the lawyers put their own interests above the clients or when the lawyers are not completely honest with their clients.

For example, lawyers may violate these duties if they misuse the clients funds, have a conflict of interest, or fail to advise a client to settle or not settle a case in hopes of earning more fees. If you have retained an attorney who you believe has breached these duties, seek the counsel of legal malpractice lawyer.

An attorney may also be sued for legal malpractice for breach of contract. An example of this would be if you were told your fees would be one amount when you signed your fee agreement and later, the amount was different. Remember, each side gets to tell their story in these claims, so you need to be very sure of your argument.

Additionally, the standard legal malpractice claim is a negligence claim. For a negligence claim, you would need to show that your attorney did not handle your case up to the normal standard of skill that would be expected from any competent attorney of the same skill level. Some examples of negligence in handling a case would involve improper preparation for court, not following orders issued by a court, and missed crucial deadlines that result in a financial loss, or a lawsuit not being filed in time resulting in further action being barred by law.

Yes, you may sue your lawyer, but make sure you have sufficient evidence to do so. Speak to a seasoned legal malpractice lawyer and find out if you have a good case to proceed to trial.