how to sue your spouse's attorney for malpractice

^{Steps to Take to Sue Your Lawyer for Malpractice}

• Obtain your case file from your original attorney;
• Gather all documentation pertaining to the original case;
• Contact a legal malpractice attorney;
• Schedule a consultation with the legal malpractice attorney you choose, and
• Follow the advice of your legal malpractice attorney at all times. In order to prove legal malpractice, your new attorney must show four elements of the case. ...

Full Answer

Should you sue your lawyer for malpractice?

If your lawyer made a big mistake, you might have a legal malpractice case. Are you unhappy with your lawyer’s services or how your lawyer has handled your case? If so, you might be considering filing a lawsuit for legal malpractice. Suing your lawyer for malpractice can be a helpful way to get compensation for your losses.

What to do if you get sued for malpractice?

What to do if you get sued for malpractice

• Reasons for lawsuits in pediatrics. ...
• Physicians are less often sued if they: · Solicit patients’ opinions and encourage patients to talk during the visit. ...
• Malpractice suits, first steps. ...
• Odds are in your favor. ...
• Consequences of a malpractice suit. ...
• In conclusion. ...

Can you sue your lawyer for legal malpractice?

That is called LEGAL MALPRACTICE. And yes, you can sue your lawyer. However, in proving the malpractice case, you will have to prove the underlying workers compensation case. Get a malpractice specialist; many lawyers don't like to handle them because they feel that everyone will be "gunning for them" if they handle those cases.

Can I Sue my retained attorney for malpractice?

You may want to sue your attorney for malpractice if the attorney made significant errors while representing you, sent you a bad check, failed to contact you, or settled your case without your permission. Lawyers are bound by the standards of the bar association in the state where they are licensed.

What to do if you are unhappy with a legal malpractice case?

Appeal the ruling, if applicable. If either side is unhappy with the outcome of the legal malpractice case, they can appeal the ruling. Ask your legal malpractice attorney what your chances of success on appeal are.

How to find a lawyer for malpractice?

You can find the ones in your area by contacting your state’s Bar Association or searching for legal malpractice attorneys in your state. Some states, such as California, have certified some lawyers as legal malpractice specialists.

How to get a free consultation for a malpractice case?

Most attorneys will offer you a free consultation. Bring your case file and any other pertinent documents so the attorney can determine if you have a valid malpractice case. You may be required to give your attorney money for costs before your malpractice suit can proceed, even if s/he is also being paid a contingency fee.

What are the three types of malpractice suits?

There are three basic categories for a legal malpractice suit: negligence, breach of fiduciary duty , and breach of contract. Keep in mind that you must also be able to prove that your attorney's conduct hurt you financially and, as a result, you suffered financial consequences.

How long does a malpractice suit last?

The statute of limitations -- essentially, the "expiration date" -- for some malpractice suits can be as little as a year. If you believe your attorney is guilty of malpractice, don't delay in contacting an attorney and filing your suit. Thanks! Helpful 0 Not Helpful 0.

How to get a copy of a malpractice case?

Obtain a copy of your case file from your attorney. Gather any other documents that pertain to the case the attorney handled, including bills from your attorney and the contract you signed. If your attorney is not returning your calls, send a letter specifying the reason why you called to create a paper trail. The remainder of the documents can be obtained during discovery after your new attorney files your malpractice case.

How long does it take to file a malpractice case?

You must initiate your case with the court within the state’s statute of limitations. Most states allow three to five years from the time you could have filed your case until the date you actually do, but some states allow as little as one year. Check your statute of limitations or ask your attorney about the statute of limitations on legal malpractice in your state.

How to prove a lawyer is a malpractice?

In order to prove legal malpractice, your new attorney must show four elements of the case. The first is that your original attorney owed you a duty of care to act properly in your case. There is usually a contract or agreement between a client and attorney which affirms this duty of care. Secondly, it must be shown that your original attorney breached this duty of care. The attorney may have failed to do what he or she agreed to do, was negligent, or made a mistake that another attorney in a similar situation would not have done. Third, the attorney’s conduct must have caused you damage, and finally, you must have suffered financial losses as a result of your attorney’s actions (or inaction).

What is legal malpractice?

Legal malpractice cases are two cases in one. You must prove that your attorney exhibited negligence while handling your case, and if that negligence had not occurred, you would have received a more favorable outcome, settlement, or judgment than you did. Substantial levels of re-litigation of the original case are often necessary in order ...

Can Patrick Malone help with a claim?

PLEASE NOTE: The Patrick Malone law firm cannot help you with a claim against an attorney in the fields of criminal law, family law (including divorce, alimony, custody, parental rights), immigration, or employment.

Can a jury feel you lost a case?

Even when the attorney in your original case made a serious error, a jury may feel you would have lost the case no matter what. Many legal malpractice cases arise from a situation in which the attorney recovered some money for his or her client, but the client believes they would have received more but for the attorney’s negligence.

Can an attorney's misconduct be harmed financially?

You can finally show your attorney’s misconduct harmed you financially, in that you were unable to recover a settlement from the restaurant. In this instance, you may have a good chance of being successful with a legal malpractice case.

Can you prove your attorney owed you a duty of care?

You can prove your attorney owed you a duty of care with the representation agreement you signed. You can prove your attorney failed, through negligence, to file your case in a timely manner. With witness statements and a medical expert you can prove the wet floor caused you significant loss.

Can you sue a lawyer for negligence?

While legal malpractice cases can be complex, in some cases filing a malpractice suit against a lawyer who exhibited negligence in your case may be your only recourse. The legal malpractice may be obvious, such as a missed deadline or statute of limitations. Other times, the issue may fall in the “gray” area regarding whether legal malpractice occurred and whether it had a significant impact on the outcome of your case. If you believe that your attorney’s negligence has harmed you financially, you need an attorney on your side that has experience litigating legal malpractice cases.

How to win a malpractice case?

In order to win a legal malpractice case, you must be able to prove four things: 1 Duty — your attorney owed you a duty to act in a proper manner 2 Breach — your attorney breached the duty due to negligence, error, or not doing what was agreed upon when he or she took your case 3 Causation — your attorney’s conduct hurt you financially 4 Damages — you suffered financial losses as a result

What is the basis behind most if not all legal malpractice cases?

The basis behind most if not all legal malpractice cases are problematic attorney-client relationships, including a lack of communication, dishonest or unethical behavior, deficient legal work, and billing issues.

Can you sue an attorney for negligence?

By obtaining witness statements from the scene of the accident and medical records that attest to your injury, you can prove negligence on the part of your original attorney in handling your case and that this resulted in financial harm. You may be able to successfully sue the attorney in question.

Can you sue a lawyer who never worked for you?

You should have been represented by counsel. You cannot sue a lawyer who never worked for you.

Can you sue an attorney for malpractice?

You should have dealt with these issues at the time. You can't sue for malpractice: the attorney didn't work for you. Whether you have other options would require a detailed discussion, which you should have with a local attorney. This is not a do it yourself project...

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 are the types of claims against a lawyer?

These claims may include negligence, breach of fiduciary duty, breach of contract, fraud, violations of the Texas Deceptive Trade Practices Act, conversion, and other related claims. Depending on the type of claim, there may be a different measure of damages or recovery allowed. Many of these claims also have different statutes of limitations, and different rules determining when the statute of limitations begins to run on each claim.

Why is it important to have a malpractice case reviewed by an expert?

Most legal malpractice cases require expert testimony to prove the lawyer’s conduct was below the standard of care, so it is important to have the case reviewed by an expert as part of the case evaluation.

What happens when a spouse has a severe injury?

When the injuries are severe enough, a spouse may bring claims for loss of spousal consortium (loss of affection, solace, comfort, companionship, society, assistance, sexual relations, emotional support, love and felicity) and for loss of household services (domestic duties the spouse performed prior to the injury but is no longer able to perform). ...

Who is the proper party to bring suit for wrongful conduct?

In most cases, the injured person is the proper party to bring suit for the damages caused by the wrongful conduct. However, there are certain situations where other persons may be substituted or included as parties in a case. The law of the state you are in will dictate who can file and what they can recover.

Who can claim damages for wrongful death?

In wrongful death cases where the wrongful acts the subject of the lawsuit caused the death of the injured party, spouses, children and parents usually claim damages for their own loss.

Can an injured person sue if they are still alive?

In most states, when an injured party has died (either due to the injuries the subject of the lawsuit or due to other causes), then the person authorized to act on behalf of the estate can bring suit to recover damages for which the injured party could have sued if still alive.

Can a power of attorney bring suit against someone else?

The law of the state you are in will dictate who can file and what they can recover. If the injured party has signed a power of attorney for someone else to act on his behalf, then the party who has had the power of attorney may bring suit on behalf of the injured party.

Can a power of attorney be used in a nursing home?

It also occurs commonly in nursing home cases where a family member may hold the power of attorney to act on behalf of an elderly loved one.

Can heirs of deceased bring a lawsuit in Texas?

In Texas, for example, if there are no debts owed by the deceased and no other reason exists for opening an administration, the heirs of the deceased may bring a lawsuit on behalf of the deceased. Sometimes, persons close to an injured party may also have a claim for their own damages and may join in the lawsuit asking to be compensated ...