Often the lawyer you hire may not be ethical or squeaky clean, in
this case you can protect yourself from legal malpractices by suing
your lawyer. Before you file a suit you need to know that you are well
within your rights to sue your lawyer.
Lawyers can be sued for
malpractice, misrepresentation, inappropriate billing, negligence,
breach of fiduciary duties, and breach of contract among many other
instances.
To sue a lawyer you need to establish clearly that the
lawyer had wronged you. The court needs to know in no uncertain terms
that the lawyer let you down on a case you would have otherwise won.
Suing a lawyer has to be done quickly, find out from your state bar
association or court what the time limit is.
Suing a lawyer is
expensive so before you take the final step you should try: meeting
your lawyer and laying the cards on the table, try and solve matters;
complaint to the local Bar Association; or seek arbitration to resolve
the dispute. If nothing works and you are confident of the strength of
your case go ahead and sue the lawyer.
To effectively sue your lawyer you must:
1.
Keep immaculate records of your case, contract with him, and all
meetings, phone calls, and so on. The documentation must be airtight.
2. Prove beyond doubt how much the case has cost you in terms of legal fees and other expenses.
3. Establish clearly that the lawyer did not act properly, dereliction of duty.
4. Prove breach of duty and negligence.
5. Have proof that the lawyer's lack of interest and misrepresentation hurt you financially.
6. Have documentation showing how the case proceeded and where the lawyer slipped.
7. Keep documentations of unreturned calls, canceled meetings, and non-appearance at hearings.
8.
Show that the lawyer let your case gather dust while he focused on
other clients in spite of your many reminders or urgings. That for the
lawyer your case held no commitment or interest.
9. Establish that after agreeing to handle your case personally the lawyer left the case work to an assistant or junior.
10.
Have proof that the lawyer has misappropriated your funds, over billed
you, or settled the case on your behalf with vested interest in the
opponent.
Malpractice and law are related and sadly many lawyers
forget the wows they took and practice law that is unethical and
unlawful Every citizen has the right to justice and so when you have
enough evidence to sue the lawyer you must first find a lawyer who will
agree to file a suit against your lawyer. Always take a second opinion
from a lawyer who is unknown to your lawyer and unrelated to the case
that you are fighting. Suing a lawyer means high expenses as even
lawyers who handle cases of suing errant lawyers charge exorbitant fees.