what if an attorney took advantage of me in a company we went into business on together

Why hire a business lawyer?

Jun 12, 2015 · However, if an attorney is unintentionally taking advantage of you, it may be beneficial for you to take your case elsewhere. Attorneys are bound by law to advocate for their clients. However, not every attorney’s approach translates into effective advocacy. If an attorney seems overly confident, this is not generally a good sign.

Will a lawyer do whatever his client wants?

May 05, 2014 · Oh yeah! My attorney took $35,000 & ran with it to the opposing party. My abuser got everything he wanted because of my POS lying attorney including my baby. Now I’m left picking up the pieces from a corrupt ignorant attorney that withheld my evidence, lied, cheated & stole from me. Attorneys are no better than a corrupt judge!

Can a lawyer represent two clients at the same time?

Jan 22, 2009 · I think my lawyer took advantage of me! I recently hired an attorney to handle my child support / custody case against my ex who is a high paid entertainer. I paid a $200 consultation fee then a $2500 retainer fee.

Why do agencies take so long to take action against lawyers?

Dec 07, 2018 · The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships. For example, if the client is looking to sue a particular business that happens to be owned by the lawyer's ...

When should a law firm conduct a conflicts check?

Remember that conflict checking is not one and done, but an ongoing process. You check at the intake stage, when a new party enters the action, and when a new attorney becomes involved. Being proactive with ongoing conflicts checks helps to protect your client and to guard against malpractice.Nov 28, 2018

Can you sue a company for being unprofessional?

Under both California and federal employment laws, workers are protected from undue stress, harassment, negligence and unsafe working environments. So, yes you can sue your employer for workplace stress under certain circumstances.Jul 1, 2016

What happens if a contract is breached?

Under the law, once a contract is breached, the guilty party must remedy the breach. The primary solutions are damages, specific performance, or contract cancellation and restitution. Compensatory damages: The goal with compensatory damages is to make the non-breaching party whole as if the breach never happened.

When lawyers lie to their clients?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

Is it worth suing your employer?

If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.May 24, 2013

How do you prove a hostile work environment?

In order for a work environment to be objectively hostile, courts consider four factors: (1) the frequency of the conduct; (2) the severity of the conduct; (3) whether the conduct is physically threatening or humiliating, or a mere offensive utterance; and (4) whether the conduct unreasonably interferes with the ...

What to do if a company breaches a contract?

File a Lawsuit Lawsuits are a common method of resolving contract issues. If a company breaks a contract and all attempts to resolve the matter out of court fail, the next option is to file a lawsuit and let a judge resolve the matter.

What 3 elements must a breach of contract claim?

The basic breach of contract elements require you to prove:There was a valid contract;You performed your part of the contract;The defendant failed to perform their part of the contract; and.You sustained damages caused by the defendant's breach.Sep 30, 2021

What can you do in case of breach of contract?

In case of a fundamental breach of contract, a party is entitled to terminate the contract and to claim damages for the entire contract, i.e. for the part, which was performed, and also for the part of contract, which it was prevented from performing.Oct 21, 2019

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

What happens when an attorney lies?

If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

What are the duties of a lawyer?

In the legal field, however, one of the legal duties every lawyer must observe is to avoid conflicts of interest when it comes to their clients. In fact, if a lawyer represents a client knowing that there's a conflict of interest, they can be disciplined by the state bar and sued by the client for legal malpractice.

What are the conflicts of interest in a lawyer?

There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.

Can an attorney represent a client?

There are times when an attorney may be able to represent a client despite an apparent conflict of interest, although the rules on this can vary by state. For example, a lawyer may be able to accept an individual as their client if: Each affected client provides informed consent in writing.

Can an attorney answer questions about conflicts of interest?

An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.

Can a lawyer have a conflict of interest?

A conflict of interest can also occur at the law firm level. For example, even if an attorney working at a law firm didn't personally work on a particular matter (because someone else at the firm handled it), if the attorney leaves the firm, he or she could still have a conflict of interest related to that matter based on the firm's work.

Vance Tate Davis

I agree with the other responses and this is an issue you really should discuss with the attorney who billed you.

Peter L. Klenk

It is like asking if your auto mechanic is taking advantage of you if you don't know how your car works. Sometimes it is just complicated, and you have to understand that unless you take a great deal of time to understand all the information and the law you will not ever know.

Steven M Zelinger

You have to ask questions, and you should also be kept informed about the case and receive copies of documents that go back and forth - that is pretty basic but make sure it is happening.

William J Popovich

An attorney has to read the legal arguments in the other attorney's brief, which cites cases. He then has to examine those cases to see whether they really support the arguments of the other counsel, and find other cases that support your side. That is work, and it is legal research.

What happens if a company breaches its fiduciary duty?

The breach of fiduciary duty on the part of the thief also put your company at risk, and the resulting damages to the company’s performance and any financial impact on the performance of your business adds to the civil damages that can be recovered. Proving that a business partner, co-owner or shareholder is stealing from ...

Who is Daniel Watkins?

Call (858) 535-1511. ABOUT THE AUTHOR: Daniel Watkins. Mr. Watkins is an experienced litigator and true trial attorney with over 50 Jury and Bench trials to his credit in 25 years of practice.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal 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 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 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 to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. 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.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

Can a lawyer write a will?

For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

What is a Lawyer?

Before we dive deep into business law, let’s answer what might sound like a simple question: what exactly is a lawyer? The truth is there are many, many types of lawyers with different specialties and skills.

What Does a Business Lawyer Do?

To put it simply, Portland business attorneys help business owners solve problems. Perhaps more importantly, business attorneys help business owners understand the problems they’re facing and which problems they might face in the future.

Do Business Lawyers Go to Court?

Yes– but only when we need to. Don’t get us wrong – it’s not that our business attorneys aren’t expert litigators who take great pride in representing our clients in court in Oregon and Washington. But often times there’s a better solution to a dispute and save our clients’ valuable time and money.

How do Business Lawyers Charge for their Services?

At JJH Law (as a small business ourselves) we understand the importance of flexible fee structures that allow growing businesses to manage costs effectively. We offer: