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If you believe your former attorney mishandled a case which negatively impacted your position in the outcome of the case, a legal malpractice attorney can help. Use FindLaw to hire a local legal malpractice lawyer to help you sue a former attorney for malpractice based on issues like conflict of interest, ineffective assistance of counsel, and ...
A lawsuit lawyer, also known as a civil attorney or litigator, are lawyers that are hired by private individuals and entities to pursue a claim or to defend them in a civil lawsuit. In general, civil lawsuits typically attempt to address and resolve legal issues that affect people and organizations. In fact, many civil lawsuits involve disputes ...
Lawyers (also called attorneys or counsel) serve as advocates for people and organizations. They represent clients both to the court and to opposing parties. Lawyers can represent clients in criminal cases, where a law has been broken, and in civil cases, in which one party is suing another. Lawyers are also important partners in situations ...
When selecting a lawsuit lawyer, you should first and foremost consider their experience with other cases similar to your own. Also take into consideration their expertise, reputation, and integrity. Maybe most importantly, consider how compassionately they treat their potential clients as well as the opposing side.
It is possible to be sued and fined in a civil law proceeding, and then sentenced in criminal law, or vice versa. Typically, if a person has already been found guilty in a criminal court of law, it will be easier to sue them and find them liable in a civil law court.
A civil attorney is most commonly known as a litigator. These lawyers are hired by a client in order to pursue or defend a civil lawsuit in a court of law. Generally speaking, civil attorneys address and solve legal issues encountered by the citizens of society. Such issues typically arise everyday between people in a social or business setting.
Civil law is different from criminal law due to the fact that criminal law involves conduct that breaks criminal laws or statutes somehow. Civil law can also result in heavy fines or other consequences, similar to criminal law. However, the sentences are often far lighter in comparison.
Some examples include: Personal injury law; Employment law; Family law; Business and finance law; Immigration law; Real estate law;
Something to consider when hiring an attorney is the cost of their services. The cost of your civil attorney will vary depending upon some of the following criteria: The area of law that your claim encompasses; The experience of the attorney you hire; The difficulty of the case; and. The amount of time spent pursuing or defending the lawsuit.
Some examples include: Landlord/tenant law. Some civil law attorneys may practice in a wide range of areas. An example of this would be how a single attorney or law firm may handle a combination of practice areas, such as personal injury cases, family law, and real estate law.
A good lawyer will be able to estimate court costs in a given situation, and whether or not you will be able to obtain court costs from an opposing party in a favorable settlement or judgment. Filing Fees: Courts charge money for people to be able to file lawsuits and other court actions, like divorce and bankruptcy.
If your issue involves going to court, your lawyer will accompany you, and can speak for you. If your legal matter involves mediation or arbitration, your lawyer will negotiate with the opposing party on your behalf. Let's find your lawyer.
Lawyers are also important partners in situations that don’t involve the courtroom, advising clients about their legal rights and obligations for personal or business issues. They are trained to interpret complicated systems of laws and navigate the court system.
A fee agreement, or representation agreement, is a payment agreement between a lawyer and a client. It can consist of several pages, or simply one page outlining the agreement.
Flat Fees: A flat fee means that the lawyer charges one price for each consultation, or for an entire case, no matter how much time or work it takes. Be sure to ask other lawyers for comparable rates if offered a flat fee.
Retainer Fee: A retainer fee is an advance payment to an attorney towards the hourly rate in a specific case. Your attorney will place the retainer fee into an account, and deduct money as work on your case progresses. These are usually non-refundable if you choose to terminate the case early.
Contingency Fees: A contingency fee means that your lawyer only gets paid this fee if there is a favorable result in your case—a court win or a settlement in your favor. Typically, but not always, these fees consist of around 1/3 of the total settlement or judgment.
To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.
When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.
To win when you sue an attorney for malpractice, you need to show that: 1 The attorney was supposed to do something 2 He or she didn't do it (or did it wrong) 3 This resulted in a financial loss to you (losing the case or losing money)
When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.
Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.
The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.
Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.
Lawsuits are filed against hospitals for a wide variety of reasons. As previously mentioned, negligence and malpractice are the most common. Some lawsuits may be for small or one-time incidents, while others are for larger or more far-reaching incidents.
Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital. Lawsuits could also involve hospital-wide policies that fall below state medical standards.
Hospital negligence may be direct, such as: 1 Failing to ensure that all staff meet required standards for licensing, training, and education; 2 Not maintaining sufficient staff to ensure appropriate levels of patient care; and/or 3 Losing, mishandling, or unlawfully transferring confidential patient records.
Negligence is based on a person’s failure to do something, rather than their actual actions. However, lawsuits against hospitals may involve various legal claims and theories besides negligence. Lawsuits involving hospitals are most commonly related to some sort of medical malpractice.
Medical malpractice refers to the negligence of a healthcare professional resulting in the injury of a patient with whom they have, or previously had, a professional relationship. Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital.
While some doctors are employees of the hospital, many are actually legally considered to be independent contractors. This is generally the case with surgeons. What this means is that if a patient is injured while in the doctor’s care at the hospital, the hospital is not legally responsible for the injury.
If you are a victim of fraud, you should take action, file a complaint or seek help, whether that’s from a lawyer or a government agency. A consumer fraud attorney can assist you with the steps you need to take to seek justice.
Scammers often target specific demographics, including senior citizens, individuals carrying large amounts of debt, and novice entrepreneurs; however, anyone may become the victim of a scam. While telemarketing and mail have often been used in consumer fraud, the Internet now enables an array of fraudulent business practices ...
In the context of a business transaction, consumer fraud occurs when false statements of fact are made, the person or entity making these statements was aware that they were false at the time, and the other party involved in the transaction relied on the deceitful statements and was harmed as a result. If you buy something that doesn’t work as ...
According to the Federal Trade Commission (FTC), an estimated 25 million people in America are victims of some form of consumer fraud annually. The most common types of consumer fraud include:
Insurance Fraud: Insurance companies are expected to provide for their policyholders who have become injured, suffered a property loss or experienced another injury or disaster, but they may indicate that the claims are unwarranted or not covered and refuse to pay the policyholders.
Some of the most common types of scams include robocalls, lottery and sweepstakes scams, “free trial” offers, overpayment scams, phishing scams, and job scams. All of these practices are illegal, and if you’ve been a victim of fraud, a consumer fraud lawyer can help you stand up for your legal rights.
When neighborhood disputes go beyond who borrowed whose lawn mower last, its time to get an experienced attorney who understands property and ownership laws in your area. Don’t let a neighborhood dispute escalate further, and don’t let neighbors take advantage of your property or belongings without your consent.
There are as many different kinds of neighborhood disputes as there are types of neighbors, but attorneys who specialize in neighborhood disputes in your area may be able to help. The most common reason for neighborhood disputes include:
If your attorney made serious errors, you may consider suing the lawyer for malpractice. Unfortunately, it is very hard to win a malpractice case. Malpractice means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances. In other words, it's not malpractice just because your lawyer lost your case.
If you seriously suspect your lawyer has misused any money he holds for you in trust, complain to your state's attorney regulatory agency right away. Although regulation of lawyers is lax in most states, complaints about stealing clients' money are almost always taken seriously, so you should get a prompt response.