should your attorney tell you what you will sue for

by Miss Madisyn Hermann 5 min read

One of the best indicators that you are telling the truth to your lawyer, is to do what you say you will as to money. If you have stiffed your lawyer, you should be careful in having a similar expectation that your attorney will do their best for you. It's a reciprocal relationship.

Full Answer

What do you need to sue a lawyer?

Your lawyer should: acknowledge that you are in charge; tell you what to expect; explain when things should happen; tell you what's important in your case; estimate what things will cost; help you analyze the cost-effectiveness of various strategies; explain delays or date changes; explain what your case is worth; explain the risks of going to trial versus settling

Why should I Sue my Lawyer for malpractice?

One of the best indicators that you are telling the truth to your lawyer, is to do what you say you will as to money. If you have stiffed your lawyer, you should be careful in having a similar expectation that your attorney will do their best for you. It's a reciprocal relationship. When you breach the contract by not paying, then don't be surprised when your lawyer quits. Even on the …

Can you sue a lawyer for bad ethics?

Can you sue someone for a case you assume you have?

image

The Good, the Bad and the (Potentially) Ugly

No matter what kind of case you're considering, if you file a lawsuit and its decided in your favor, there's nothing like having your position validated by a court of law.

Do You Really Have a Case?

"I'm filing a lawsuit." Uttering these four words takes almost no time or deliberation. But before heading to the courthouse, you need to make sure you've got a viable case, and that filing a lawsuit makes sense on a number of fronts. Specifically, it probably makes sense for you (and your attorney) to:

What Type of Suit Can Be Filed?

The details of your dispute or grievance will of course dictate the kind of civil case you should file. But let's get a sense of the possibilities by looking at some of the most common types of lawsuits.

How does a lawsuit affect your life?

A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.

What is the statute of limitations for a lawsuit?

Laws that place a time limit on bringing a lawsuit are called " statutes of limitations .". You do not need to handle the entire case within the statute of limitations. You will have a certain amount of time to file the lawsuit, and then the lawsuit can take whatever time the state courts determine it needs. 8.

What happens if you know you are at fault?

If they know they are at fault and are able to make the situation right, most individuals or businesses will do what they can to resolve the matter, rather than be dragged to court.

How can a dispute be resolved?

From car accidents and injuries to family-related issues to financial disputes, disputes can often be solved through communication and compromise. Not every dispute involves a legal cause of action.

Can you sue someone from a different state?

If you are suing someone from a different state, a court in your state may not have power or "jurisdiction" over that person. In that case, you might have to sue the defendant in his or her location, which will probably be more expensive and inconvenient for you.

What is a small claims court?

Each state's court system has some variation of " small claims court " or "conciliation" court, which only hears disputes in which a certain dollar amount is at issue (usually $5,000 or less).

Can I represent myself in small claims court?

If your case meets the requirements for small claims court, you will usually be able to represent yourself, if you wish. You will save attorneys' fees by doing so. However, you may wish to pay an attorney to coach or advise you on how to prepare your case.

What happens if you don't communicate with your lawyer?

Communication problems create problems in all types of relationships—including between an attorney and client. If you don't know what's going on in your lawsuit, you might assume you have a bad lawyer. To the contrary, your attorney could be doing a great job. Either way, a lawyer who doesn't communicate case progress is invariably increasing, not decreasing, your stress.

Why is it important to hire a lawyer?

When you hire a lawyer, it's important that your fee agreement is in writing and that you understand it. It's a simple way to avoid a common cause of contention with clients—the legal bills.

Is there a guarantee that a lawyer will do a good job?

It's a big shock to most people that there is no guarantee that your lawyer will do a good job. Bar associations tasked with monitoring attorneys go after lawyers who steal or violate specific ethical rules—not lawyers who just aren't very good.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

image

The Good, The Bad and The (Potentially) Ugly

Do You Really Have A Case?

  • "I'm filing a lawsuit." Uttering these four words takes almost no time or deliberation. But before heading to the courthouse, you need to make sure you've got a viable case, and that filing a lawsuit makes sense on a number of fronts. Specifically, it probably makes sense for you (and your attorney) to: 1. research the merits of your lawsuit, including whether all elements of a pote…
See more on lawyers.com

What Type of Suit Can Be filed?

  • The details of your dispute or grievance will of course dictate the kind of civil case you should file. But let's get a sense of the possibilities by looking at some of the most common types of lawsuits. Tort or Personal Injury claims include actions over harm caused by carelessness (“negligence”), defective products, medical malpractice, unsafe property, and unsafe products. Contract Claims…
See more on lawyers.com

Where Should My Suit Be filed?

  • Several factors may influence where a case should be filed: 1. subject matter of the case 2. the type or amount of the remedy sought, and 3. the location of the parties. A court must have jurisdiction over the parties to the suit, particularly the defendant (personal jurisdiction), as well as jurisdiction to hear that particular type of case (subje...
See more on lawyers.com