attorney who will sue democrats for not doing their job

by Elsa Hoppe Published 3 years ago Updated 2 years ago 4 min read

Can I sue Congress for not doing their job?

Oct 08, 2013 · Posted on Oct 9, 2013. Although you can sue, it is important to be aware that many agencies have some form of immunity under statute or the case law. The applicable state law would need to be examined to see whether immunity exists and, if so, whether there are any exceptions to immunity. I suggest meeting with an attorney in your state ...

Can I Sue my Lawyer for not paying my bill?

Apr 27, 2018 · Sue them for causing America pain and anguish. Sue them for failing to recognize that this president has finally led the country out of the malaise it had been in for the past 16 years under George W. Bush and Barack Obama. Sue them for putting criminals ahead of law enforcement. Sue them for putting illegal immigrants ahead of American citizens.

Can you sue a lawyer for unethical behavior?

Answer (1 of 11): No. In order to sue, a plaintiff would require standing to do so. SCOTUS has long curtailed the concept of taxpayer standing, so a plaintiff would have to have a real and demonstrable injury. But even if one got beyond the problem of standing, they would face the Doctrine of Jus...

How can I sue Congress?

Can you sue the government for lying?

This principle dictates that citizens cannot sue the federal government unless the government allows it. Thankfully, the Federal Tort Claims Act (FTCA) allows certain lawsuits to pass regardless of the government's permission, so suing the government is possible.

Can you sue the government for violating the Constitution?

Individuals whose constitutional rights are violated by the state government are legally entitled to file a civil action to recover damages. This can be done because of Section 1983, an abridged term for 18 U.S.C. Section 1983, which provides US citizens the right to sue government officials and employees.

Can I sue the state government?

It is not easy to sue a state government. Generally, a state is immune from lawsuits. This is called “sovereign immunity,” and it prevents you from being able to bring a lawsuit even when a state injures you. However, there are some exceptions to a state's sovereign immunity.

Can people sue their government?

If you or a family member have suffered a serious personal injury as a result of the negligence of a government employee or agency, you may ask, “can I sue the United States government?” The answer is yes, you may be able to bring a claim against the U.S. government and receive compensation for your losses.Mar 17, 2022

What can citizens do if their rights are violated by the government?

If you believe that a protected right was violated, you likely have a number of options available to you including: resolving the matter through informal negotiations, filing a claim with the government, and filing a private lawsuit in civil court.Nov 18, 2019

What is a Title 42 lawsuit?

Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration on Friday to halt the Centers for Disease Control and Prevention from lifting Title 42, a pandemic-era health order used by federal immigration officials to expel migrants, including asylum-seekers, at the U.S.-Mexico border.Apr 22, 2022

How do I sue local government?

In most states, you cannot simply file a lawsuit in court against the government. Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court.

Can you sue a public entity for negligence?

The law states that, generally, “a public entity is not liable for an injury” caused by that public entity or any of its employees. This is known as “sovereign immunity.” However, the law has numerous exceptions that provide injury victims with a limited opportunity to bring a claim and seek monetary damages.

Can individuals sue government officials personally to recover damages?

Yes, in many cases, you can sue the federal government for injuries that you sustain because of the negligence of a federal employee. There are a few exceptions, limitations, and different procedures for bringing a claim against the federal government than there are for bringing a claim against any other entity.

What is an act of negligence?

Definition. A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).

Can a citizen sue the President?

Opinion. In a 5–4 decision, the Court ruled that the President is entitled to absolute immunity from legal liability for civil damages based on his official acts.

Who does the Federal Tort Claims Act apply to?

Who is eligible to file a claim with EPA under the FTCA? Individuals, businesses, or governmental entities that have a claim for money damages resulting from personal injury or property loss or damage caused by EPA or EPA employees acting within the scope of their employment may file a claim with EPA.Apr 22, 2021

The Federal Tort Claims Act ("Ftca")

Historically, under the doctrine of "sovereign immunity," you were not permitted to sue the king. Sovereign immunity has carried over to modern tim...

Is My Claim Permitted by The FTCA?

In general, the FTCA is intended to provide monetary compensation for injury, property loss, or death "caused by the negligent or wrongful act or o...

Filing An Administrative Claim

In a normal lawsuit claiming negligence, you proceed more or less straight to court. But if you wish to sue under the FTCA, you must first file a c...

Which amendment says Congress shall make no law?

The text of the First Amendment says “Congress shall make no law”, but how did that come to apply to any action by any government body, not just laws of Congress?

Why does the Fifth Amendment apply to all federal agencies?

It applies to all Federal agencies because their actions are authorized, enforced, or constrained by Federal law, and Congress makes Federal law. Executive or Judicial action neither authorized by law nor part of that branch’s inherent power would violate the Fifth Amendment which is not limited to Congress.

What is a petition of mandamus?

If a citizen is reasonably certain that a government official is not performing their required duties, the citizen may petition the courts for a “writ of mandamus” which will compel the official to perform the duties. see Marbury v. Madison (1803) . 863 views.

What is a citizen's right to a writ of mandamus?

Can a plaintiff sue a court?

No. In order to sue, a plaintiff would require standing to do so. SCOTUS has long curtailed the concept of taxpayer standing, so a plaintiff would have to have a real and demonstrable injury. But even if one got beyond the problem of standing, they would face the Doctrine of Justiciability and its closely related sibling the Political Questions Doctrine. These relate to whether the court has the jurisdiction to hear the case and whether it is the appropriate venue. Political questions are deemed to be non justiciable. Particularly in cases that involve Congress refusing to exercise a power gra

How to sue for FTCA?

But if you wish to sue under the FTCA, you must first file a claim with the federal agency responsible for the alleged misconduct. For example, if your claim is based on an accident at the post office, you would file your claim with the U.S. Postal Service. During this phase of the process, while your claim is being reviewed by the federal agency, it is referred to as an "administrative claim."

What are some examples of negligence claims against the federal government?

Slip and fall in a post office? Injured in a traffic accident involving an FBI agent? Medical malpractice by a Veterans Administration doctor? These are only a few examples of the potential negligence claims against the federal government. If you have a claim against the feds, often your only option is to sue the federal government under the Federal Tort Claims Act (FTCA).

What is the liability of the state government for injury?

Note on State Government Liability for Injury: State governments are entitled to the same sovereign immunity that is enjoyed by the federal government, but every state has also passed its own set of laws (o ften referred to as a "Tort Claims Act") in which the state has conditionally waived that immunity. And in certain situations where the negligent action (or inaction) of a government employee or agency has resulted in personal injury or property damage, citizens may be able to make a claim for damages. To learn about the rules in your state when it comes to filing an injury claim against the government, check out our Injury Claims Against Your State articles collection.

How long do you have to file a lawsuit?

You then have six months to file a lawsuit. If the federal agency rejects your claim or refuses to pay all the money damages you demanded, you have six months from the date on which the decision is mailed to you to file a lawsuit.

How to file an administrative claim?

Although not strictly necessary, the easiest way to prepare your administrative claim is to use the federal government's standard claim form, known as a Standard Form 95 or SF 95, which has boxes for all the information you will need to provide. You can get a copy of the form from the Department of Justice's website (at www.usdoj.gov, type "standard form 95" into the search box) or request a copy from the federal agency to which you will be submitting your claim.

Can you sue the government for FTCA?

Unfortunately, suing the federal government under the FTCA is trickier than suing a private citizen -- you will have to jump through a number of hoops, and the lawsuits are subject to a lengthy and sometimes confusing list of limitations.

Can you sue the federal government for negligence?

If you believe you may have a claim for negligence (careless conduct, or other wrongful or "tortious" conduct) against a federal agency or employee, you must first determine whether you can sue the federal government under the FTCA. Unless your claim is allowed by the FTCA, there is a good chance it will be barred by sovereign immunity.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What are the types of malpractice?

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.

What is breach of duty in a lawyer?

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.

What to do when you hire an attorney?

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.

What is a breach of contract?

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.

Can an attorney be disbarred?

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.

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What to do if your attorney is not doing a good job?

One of the best things that you can do if you feel that your attorney is not doing a good job is to get another law firm to look at your situation. These second opinions do not have to cost very much as it will probably only last an hour or two.

What to do if your lawyer is not responding to you?

If, after many attempts to communicate with your attorney are met with silence, write your lawyer a firm letter asking why they are not responding to you. You should not threaten legal malpractice claims in your letter.

How to get a case file from an attorney?

If you think that your attorney has not been working diligently on your case, you can always request your case file from your attorney. You can either go to the attorney's office and read the file there or request that the attorney make copies of everything and send them to you.

What to do if you receive a bill that looks like the one above?

If you receive a bill that looks like the one above, you should demand an itemized accounting of all the time that your attorney spent on your case. Where exactly did those 50 hours go? For example, if your attorney claims that he wrote a letter to opposing counsel for 4 hours, and the letter turned out to be 2 paragraphs long, you may want to seriously question your attorney's time management.

What is the best way to fight legal malpractice?

Consider Mediation . One common method that many people are turning to instead of legal malpractice claims is mediation. Mediation is something both you and your lawyer may benefit from, and could even lead to a better attorney-client relationship.

Can you file a complaint against an attorney for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include:

Is it frustrating to have an attorney not doing their job?

It can be discouraging and frustrating when you feel that your attorney is not doing their best job on your case . This article lays out some of the most common problems that clients have with legal professionals and suggests some ways of handling legal malpractice claims.