when to sue your attorney

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.

Full Answer

What is the most common complaint against lawyers?

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.

What constitutes legal malpractice in NY?

The elements of a legal malpractice claim are: (1) an attorney-client relationship between the parties, (2) negligence by the attorney-defendant in its legal representation, (3) proximate cause between the attorney-defendant's negligence and plaintiff's loss, and (4) actual and ascertainable damages suffered by ...

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Is it worth pursuing a lawsuit?

While you can often win a larger amount by pursuing a lawsuit, they are risky endeavors that could lead to a bigger headache than they're worth. You could win your case and be awarded full damages— but you could also lose the case and be left with a pile of legal bills. Settling can be a much better option.

Can you sue your lawyer?

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.

What is the statute of limitations for legal malpractice in New York?

three yearsThe statute of limitations to commence a legal malpractice action in New York is three years from the date of the malpractice.

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...•

Why do lawyers drag out cases?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

Can you sue someone for emotional distress?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

Is suing someone expensive?

So How Much Does It Cost to Sue Someone? It's difficult to come up with an average number for how much suing someone costs, but you should expect to pay somewhere around $10,000 for a simple lawsuit. If your lawsuit is complicated and requires a lot of expert witnesses, the cost will be much, much higher.

What is the downside of joining a class action lawsuit?

One of the significant disadvantages of class action lawsuits is the lack of agency. Since it is filed by many people, the chances of an individual having a say in the settlement agreements or how the accused affected an individual are very small.

Is suing for defamation worth it?

Damages in Defamation Cases. The answer is, yes, it is worth it. When a true case of defamation exists, there are damages that are caused as a result. Those damages are compensable through a civil lawsuit, in California and beyond.

What percentage of defamation cases won?

Their study found that most — roughly 90% at the time — litigants lost in court and those who won tended to win rather small monetary awards in damages. In other words, libel suits were hugely expensive and tiresome to both news outlets and to the people suing them.

How much can you expect from a class action lawsuit?

A class action usually ends in a settlement as opposed to going to trial. Settlements in recent years have averaged $56.5 million.

How to contact an attorney if they aren't working?

For example, if you’re concerned that your attorney isn’t working on your case, your first step should be to contact the attorney either by telephone or in writing. Explain your concerns, and you may find that there has been a simple miscommunication in terms of what needs to be done and the timing of getting those tasks completed.

What to do if your attorney is not responsive?

If your attorney isn’t responsive, and your case involves filing a lawsuit, you can visit the courthouse to identify the documents that have been filed with the court.

How to contact a Houston lawyer for malpractice?

If you believe you have suffered damages as a result of your lawyer’s wrongdoing, call the Houston legal malpractice lawyers at Kassab Law Firm at 713-522-7400 or fill out our form to arrange a time to discuss your case.

What is breach of contract?

Breach of contract: This issue usually arises when a client has been charged for the completion of services as defined in a contract but not all the services were actually performed.

Can you sue someone for breach of fiduciary duty?

As you review this list, keep in mind that you must prove damages. If your attorney revealed the details of your case to a friend, that is certainly a breach of fiduciary duty, but unless you suffered damages as a result, it’s not something you can use as the basis for a lawsuit.

Can you sue if your attorney revealed your case to a friend?

If your attorney revealed the details of your case to a friend, that is certainly a breach of fiduciary duty, but unless you suffered damages as a result, it’s not something you can use as the basis for a lawsuit.

Why do some people remain silent when suing an attorney?

When it comes to suing an attorney for negligence, some individuals choose to remain silent because they are not aware of the complaints system. Below are some of the common problems:

What should a lawyer explain?

A lawyer should explain any matter in an extent to make the client make informed decisions.

What is the sin of not communicating with a lawyer?

You may not like to be ignored by your lawyer, but when it happens you need to take action. Lack of communication set up distrust between the attorney and the client. It may reach a point that the lawyer want to cover up problems with your matters. But is there a way to be compensated when your lawyer fails to keep an open line of communication? You can look for a legal malpractice attorney who can assist you to be compensated. According to the bar counsel, lawyer should not only responds to your enquiries, but should also initiate communication when it is necessary in the below ways:

What should a legal representative do?

A legal representative should keep the client judiciously well-versed on the position of his/her matters and quickly respond to any demand for information from the client.

Why do people need a lawyer?

In most cases, people require a lawyer because a situation has become complex to solve on their own. But what happens when the lawyer hired screws them up. How can one prove malpractice since these cases are very hard to win? It becomes very frustrating when you don’t know what to do. Reporting a legal malpractice is the only option you can have to get compensation for your losses. If you have lost confidence in you lawyer and the only thing in your mind is to look for justice, you are not alone. Challenges involved in proving a legal malpractice can push you to this question, “ How do I sue my attorney? Don’t be afraid to take action, there are some strategies that you can use to know when to take action

Can you sue a lawyer for malpractice?

You’re among the many who are pondering on the question, “ can I sue my lawyer for legal malpractice? As the victim, you can file a complaint with the lawyer’s discipline agency for action to be taken. Or else, you can choose to hire a legal malpractice lawyer who can help you recover fees that you had already paid. To make matters worse, that lawyer who violates court rules or ethics can be barred from the association.

How to sue an attorney for malpractice?

One way to sue an attorney for malpractice is to bring a claim for negligence. A negligence claim says that the attorney didn’t do a competent job in your case. An attorney is presumed to be qualified to handle your case. If they don’t have the skills or experience to do a competent job, they shouldn’t take the case. In addition to having the right skills, they must also avoid making careless errors that can unravel your claim. Here are a few examples of when attorney negligence can amount to malpractice:

What happens if an attorney fails to follow a retainer agreement?

If your attorney fails to follow this agreement, you may have a claim for breach of contract just like you could sue anyone else for violating the terms of a deal. Some examples of an attorney breach of contract case may include:

What Are the Grounds for a Legal Malpractice Claim?

There are three general grounds for a legal malpractice claim: First, you may sue your attorney for failing to do their job up to professional standards. That’s called negligence. Second , you may sue your attorney for breaching their contract of services with you. Third, you may sue your attorney for breach of their fiduciary duty to act in your best interests.

What is breach of fiduciary duty?

If your attorney makes decisions that aren’t in your best interests, their actions may amount to a breach of fiduciary duty that allows you to sue your attorney for malpractice. Some examples of breach of fiduciary duty include: You ask your attorney to prepare a will that leaves your assets to your children.

What are some examples of negligence in an attorney?

Here are a few examples of when attorney negligence can amount to malpractice: An attorney with no experience in personal injury law takes a personal injury case. The attorney fails to assert a claim that likely would have been successful for the client. The client misses the opportunity to bring the claim. A breach of contract claim proceeds ...

What is breach of contract?

A breach of contract case depends on the terms of your contract or retainer agreement. An experienced attorney for lawyer malpractice claims can help you review what happened in your case to see if a breach of contract claim applies.

What happens if you breach a contract in Florida?

A breach of contract claim proceeds to trial. The other party wants to admit testimony that’s barred by the Florida Evidence Code as hearsay . The attorney who represents you doesn’t know the evidence rules well enough to assert the appropriate objection. The testimony damages your case, and you ultimately lose.

What happens if you fire a lawyer?

Your client file is your property. This means that if you fire your lawyer and ask them to hand over your file, they have to return it promptly. In certain states like California, for instance, getting your file back isn’t contingent on paying your attorney fees in full.

What happens if a lawyer refuses to hand you your money back?

So, if your lawyer blatantly refuses to hand it back to you or employs delay tactics every time you ask them for it, it’s your right to file a complaint against them.

Why do you file a complaint against a state disciplinary board?

On the other hand, filing a complaint against them with the state disciplinary board would be because they failed to act professionally, and not necessarily because you want to be compensated.

What happens if a lawyer doesn't communicate properly?

If your lawyer doesn’t communicate properly with you and continuously ignores your requests for information, those are grounds upon which you can file a complaint with the state disciplinary board. If legal malpractice settlements are what you’re after, then you’ll need to sue.

What to include in a complaint against an errant attorney?

Be sure to include the name, address, and phone number of the errant attorney, and att ach copies of all the documents that are pertinent to your complaint.

What do you need to prove in a malpractice case?

In most jurisdictions, you’ll need to prove that they breached the attorney-client relationship or did not provide competent and skillful representation, the result of which caused you to suffer a quantifiable financial loss. This is what forms the basis for seeking damages in legal malpractice cases.

What is the ethical duty of a lawyer?

Every lawyer has an ethical duty to represent your best interests. This also means that they need to respond to your messages promptly or, at the very least, within a reasonable time frame.

What does a lawyer owe you?

Your lawyer owed you a duty to competently represent you.

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

If you’re not happy with your lawyer, you can: Switch lawyers. If you haven’t suffered much damage yet, you may want to consider simply hiring a new lawyer. You’re free to switch lawyers at any time, except in rare cases.

What is a breach of fiduciary duty?

Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.

What are the three types of lawsuits against lawyers?

Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...

What is a breach of contract?

Breach of contract. Breach of contract occurs when a lawyer violates a specific term of the lawyer’s agreement with a client. For example, if your contract says that your lawyer will create a corporation for you by a certain date, the lawyer must stick to that agreement. Breach of fiduciary duty. Lawyers owe certain fiduciary duties ...

What happens when an attorney fails to use the skill and care normally expected of a competent attorney?

It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...

How to report a lawyer for ethical violations?

Report the lawyer to your state’s disciplinary board. Every state has a board that disciplines lawyers for ethical violations. If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss—for example, if your lawyer took fund from your client account. (To lean more, see our article on reporting a lawyer for an ethical violation .)

What to do if your lawyer has committed a crime?

If you think your lawyer has committed a crime, you can also call the police to investigate.

What happens when you are injured in a legal malpractice case?

Typically, injured clients suffer financial losses as a result of legal malpractice.

What are Some Examples of Legal Malpractice?

Malpractice cases are very fact specific and depend on the specific circumstances of your case.

What Is an Attorney’s Duty to Self-Report?

Clients may find it surprising that attorneys have a duty to self-report in certain circumstances .

What are the common mistakes lawyers make?

However, we tend to see common mistakes that lawyers make over and over, including: 1 Inaccurate billing; 2 Missed deadlines; 3 Failing to communicate with the client; 4 Settling a lawsuit without the client’s consent; 5 Giving inaccurate legal advice; 6 Stealing or losing money or property that belongs to the client; 7 Incompetently drafting legal documents that do not protect your rights; 8 Failing to file a case before the expiration of the statute of limitations; and 9 Taking a case despite an existing conflict of interest.

What happens when a negligent lawyer falls below the standard of care?

When a negligent lawyer falls below this standard of care, they have committed legal malpractice.

Can a negligent lawyer file a malpractice claim?

Establishing a legal malpractice claim for a negligent lawyer is complex and varies from case to case.