Legal malpractice or legal misrepresentation may occur when you have suffered a loss of potential earnings, an unfair trial, or claim because your case wasn’t thoroughly presented or there was negligence on your attorneys’ part. The attorney you selected may not have won your case—this doesn’t mean there is necessarily legal malpractice.
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Legal malpractice or legal misrepresentation may occur when you have suffered a loss of potential earnings, an unfair trial, or claim because your case wasn’t thoroughly presented or there was negligence on your attorneys’ part. The attorney you selected may not have won your case—this doesn’t mean there is necessarily legal malpractice.
How to Sue a Lawyer for Misrepresentation & Incompetence 1 Make Sure You Have a Case. In order to win a legal malpractice suit, you have to show that the attorney's behavior fell short of that standard. 2 Make Sure You can Still Sue. ... 3 Making Your Complaint. ... 4 Serving the Attorney. ... 5 Negotiate, or Try the Case. ...
A misrepresentation need not be intentionally false to create liability. A statement made with conscious ignorance or a reckless disregard for the truth can create liability. Nondisclosure of material or important facts by a fiduciary or an expert, such as a doctor, lawyer, or accountant, can result in liability.
Other times, the mistakes are serious—such as missing the deadline to file a lawsuit, revealing confidential discussions with a client, or mishandling client funds. In these situations, the lawyer can face discipline for violating legal ethics, including losing the right to practice law.
Examples Of Overbilling. While the act of overbilling can simply be a lawyer overcharging for services, there are numerous ways this can occur, for example: Padding a bill: This occurs when a lawyer lies about how much time was spent on a matter. By overstating time spent, the bill becomes inflated.
noununscrupulous lawyer; swindler. ambulance chaser. cheater. chiseler. crooked lawyer.
If you need a lawyer but can't afford to pay one, two terms you might hear are “pro bono” and “contingency fee.” While these are both ways to get legal representation without paying out of pocket, they are different arrangements with different implications.
What is Legal Malpractice? Legal malpractice is when an attorney makes a grievous error in handling a case. Lawyers are held to a general standard and codes of ethical and professional conduct.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
The term 'Professional Misconduct' in the simple sense means improper conduct. In legal sense it means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behavior of an advocate in violation of professional ethics for his selfish ends.
Contingency fee - which is a conditional payment a lawyer receives for rendering his legal services upon successful representation of his client. Such a fee depends on the result/outcome of the dispute.
for the public goodDefinition of pro bono publico : for the public good.
A lawyer who works pro bono does not get paid for the commitment on the case. To cover the loss of income, lawyers often cover the pro bono cases through charges to paying clients. Others work on a “no win, no fee” basis. They only get paid if they win the case.
Even where an attorney made an obvious mistake, that mistake must have injured the client. The classic example of negligence is the attorney who did not file a lawsuit before the statute of limitations expired.
A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.
Definition of malpractice 1 : a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage. 2 : an injurious, negligent, or improper practice : malfeasance.
Some common types of defenses for this legal issue may include: Lack of Evidence: As mentioned, the elements of proof for fraudulent misrepresentation must all be met in order to prove a person liable.
However, if there is any instance of fraudulent misrepresentation, it can affect the contract in many ways, such as making it invalid. An example of this is where one party purposefully makes a statement ...
These may vary by state or jurisdiction; however, elements of proof for fraudulent misrepresentation generally include: The plaintiff suffered measurable harm as a result of the fraudulent information or statement.
In many instances, there may be defenses available to a person who is being charged with fraudulent misrepresentation. These will depend on many factors, including state laws and the exact nature of the misrepresentation. Some common types of defenses for this legal issue may include: 1 Lack of Evidence: As mentioned, the elements of proof for fraudulent misrepresentation must all be met in order to prove a person liable. If there is not enough evidence to prove a particular element, the defendant might not be found liable. This is one of the more common defenses to fraudulent misrepresentation.#N#For instance, if there is no evidence to show that the defendant actually made a fraudulent misrepresentation, it may serve as a defense. Another example is if the plaintiff didn’t actually suffer any damages. 2 Laches: If the plaintiff waited too long to file their misrepresentation claim, it may serve as a defense under a laches theory of law. Most fraudulent misrepresentation claims are associated with a statute of limitations (i.e. a filing deadline). Thus it’s important to bring a lawsuit as soon as you suspect you have a claim. 3 Coercion/Duress: It may serve as a defense if the defendant was forced to make the fraudulent statement under threat of harm or under conditions of duress (for instance, being threatened that they will be fired if they don’t make the fraudulent statement). This is a somewhat more rare defense as conditions such as these are not all that common.
This is important, because courts will formulate their remedies based on the plaintiff’s harm or loss. Thus, in most fraudulent misrepresentation cases, the remedy will be some form of monetary damages. These will be calculated based on the amount of harm or loss experienced by the plaintiff.
Coercion/Duress: It may serve as a defense if the defendant was forced to make the fraudulent statement under threat of harm or under conditions of duress (for instance, being threatened that they will be fired if they don’t make the fraudulent statement).
For instance, the history of dealings between the parties can often influence a court’s decision as to whether fraudulent misrepresentation has occurred.
A misrepresentation is distinct from a statement of opinion. It may have the effect of making an otherwise valid contract void or at least voidable. A distinction is made between innocent, negligent and fraudulent misrepresentations. At best, an innocent misrepresentation may affect a contract, a negligent misrepresentation may attract in addition liability for negligence and a fraudulent misrepresentation may attract damages for the fraud and deceit. See also MISTAKE.
A misrepresentation on the part of the insured in an insurance policy can give the insurer the right to cancel the policy or refuse a claim. An insurer may do this only if the misrepresentation was material to the risk insured against and would have influenced the insurer in determining whether to issue a policy.
To create liability for the maker of the statement, a misrepresentation must be relied on by the listener or reader. Also, the speaker must know that the listener is relying on the factual correctness of the statement. Finally, the listener's reliance on the statement must have been reasonable and justified, and the misrepresentation must have ...
Examples: a person 1) falsely claims to represent a charity to obtain a donation which he/she keeps; 2) says a painting is a genuine Jackson Pollock when it is a fake, and is thus able to sell it for a price much greater than its true value. Misrepresentation is also called "false pretenses.". (See: false pretenses)
A misrepresentation need not be intentionally false to create liability. A statement made with conscious ignorance or a reckless disregard for the truth can create liability. Nondisclosure of material or important facts by a fiduciary or an expert, such as a doctor, lawyer, or accountant, can result in liability.
Generally, cancellation or denial of insurance coverage for a misrepresentation can occur only if the insurance applicant was aware of the inaccuracy of the statement.
Misrepresentation is a tort, or a civil wrong. This means that a misrepresentation can create civil liability if it results in a pecuniary loss. For example, assume that a real estate speculator owns swampland but advertises it as valuable commercially zoned land. This is a misrepresentation.
When lawyers don't perform their duties as expected, they may be guilty of legal malpractice. If you suspect your attorney has misrepresented you, or has performed incompetently, you may have grounds to file a lawsuit.
You must be able to show that the attorney either failed to uphold her part of your contract, breached her fiduciary duty or was negligent. Beyond that, you mush show that you were harmed by the attorney's action or inaction. If you can show this to be the case, you may have grounds for a lawsuit.
The next step consists of serving a summons to the lawyer, which must be delivered in person. A summons provides notice to the defendant of a lawsuit that there is an action pending against him. The summons will compel the defendant, in this case the attorney you are suing, to answer the complaint filed against him.
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. chief judge - The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.
The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. (2) The geographic area over which the court has authority to decide cases. A federal court in one state, for example, can usually only decide a case that arose from actions in that state.
nolo contendere - No contest. Has the same effect as a plea of guilty as far as the criminal sentence is concerned, but the plea may not be considered an admission of guilt for any other purpose. Sometimes, a guilty plea could later be used to show fault in a lawsuit, but the plea of nolo contendere forces the plaintiff in the lawsuit to prove that the defendant committed the crime.
Legal terminology refers to a set of technical words and phrases that legal regulations and federal bodies use to make a statement. Legal terms convey lawful doctrines in an ordinance, civil lawsuits, business or real estate contracts, and in a legal precedent.
A lawyer must turn to authentic sources when learning legal jargon. There are a host of law books that teach legal vocabulary. However, for understanding basic legal terms, lawyers need to look at the following sources.
The following are law-related terminologies and common legal phrases that every lawyer needs to know.
These are the 10 most common legal terms that the lawyers need to know before hitting the courtroom. These terminologies will help them decode a legal statement and conduct legal proceedings.
I'm sorry that you have to deal with this unfortunate situation. I agree with the answers of my colleagues. The best thing to do is report the attorney's behavior to the Board of Bar Overseers and potentially sue for professional malpractice but as already noted, such cases are quite difficult to win.
I agree with my colleague. Contact the Massachusetts Board of Bar Overseers. Also, you may want to contact a lawyer to see whether you have grounds to vacate the order. And, you may be able to sue the lawyer for professional negligence, though those cases are usually very hard to win. Lastly, you can always review the lawyer on Avvo. Good luck...
This is the proper resource for you in MA: http://www.mass.gov/obcbbo/complaint.htm According to that website...
Case law is a way of citing legal precedent. Civil case vs. criminal case: The most commonly cited distinction between civil and criminal cases is that the latter are generally offenses ...
If the defendant pled “not guilty,” then the judge will use the pretrial hearing to set a date for the trial. Additionally, this hearing allows legal teams to challenge the permissibility of evidence, come to settlement agreements and discuss other important pretrial matters.
Burden of proof: The burden of proof refers to the standard used to prove allegations in a court proceeding. The bar for this depends on the type of court proceeding.
summons: While both entail a requirement for the recipient to appear in court, a subpoena is a process that directs a witness to give testimony or submit evidence, while a summons is a document that orders a person to appear before the court in response to a complaint.
Recusal: A recusal is the voluntary action by a judge or prosecutor to remove themselves from presiding in a case. Recusals are often based on things like bias, conflict of interest or prejudice—for example, a state prosecutor may choose to recuse from a proceeding if the case is against their former employer.
Mens rea: A term that literally means “guilty mind” in Latin, mens rea is used to describe the criminal intent of an individual when committing a crime, otherwise known as criminal responsibility. Pretrial hearing: After an arraignment has been completed, the defendant will return to court for a pretrial hearing.
Robbery vs. burglary: In the legal system, a robbery is considered a felonious taking of another’s property against their will by means of force or fear . Burglary doesn’t actually require that a theft occur —it is simply the unlawful entry into a home or business with the intent to commit a crime inside.
Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.
Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”
When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.
In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.
issue a private reprimand (usually a letter sent to the lawyer) issue a public reprimand (usually published in the agency’s official reports and a local legal journal or newspaper ) suspend the lawyer (the lawyer cannot practice law for a specific time) disbar the lawyer (the lawyer loses his or her license to practice law), and/or.
If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter.
The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.
Legal Terms in Business. Action: An action is a lawsuit in which a party or parties sue one another. A cause of action is the basis of a lawsuit, such as fraud, breach of contract, or negligence.
Natural Person: In a lawsuit, a natural person refers to a human being as a party, as opposed to a corporation.
Strict liability means a party can still be found guilty of an offense, even without any intent to harm.
Many attorneys bill by the hour, so if you can interact with them quickly and clearly, you can save your organization, and yourself, money.”. By learning common legal terms, you can execute your professional duties with confidence in your own expertise. While earning an advanced degree in legal studies is one way to improve your legal knowledge, ...
Legal Terms in Intellectual Property (IP) IP: IP refers to tangible or intangible personal property that is created through the intellectual efforts of its creators. Trade Secret: Trade secret law protects any company information not “commonly known” which the company has taken “reasonable steps” to keep in confidence.
Civil penalties are fines imposed by the government to enforce regulations, such as failure to obtain a permit or pay taxes on time . Contract: A contract is a binding agreement between two or more parties that creates rights and duties for each party that are enforceable by law.
Civil Law: This is a generic term for non-criminal law as it applies to settling disputes between private citizens or organizations. Civil lawsuits might be about negligence, a breach of a contract, or a land dispute between neighbors.