Can I Sue My Lawyer for Legal Malpractice

May 25, 2020

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

3 Common Problems That Can Lead To Legal Malpractice

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:

  • A fraudulent or incompetent attorney.

A dishonest lawyer may have:

  • Failed to pay money recovered from a personal injury claim
  • Failed to do the work you paid for
  • Committed a crime

Dishonest lawyers can steal from clients or act incompetently such that your case fails to be settled. If you suffered loss because your lawyer made mistakes when handling you case, you can recover from the damages. 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.

  • A lawyer who won’t communicate

Failing to communicate is one of the many sins related to malpractice. 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:

  • 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.
  • A lawyer should inform the client on time about the success of the claim such as offer of settlement
  • A lawyer should explain any matter in an extent to make the client make informed decisions.
  • Incompetent lawyer

Most of the incompetent lawyers overpromise and fails to deliver. These kinds of lawyer will always mishandle any case. If a lawyer negligently or intentionally does or fails to do something that hurts you, such that no reasonable lawyer would have done the same thing if in that situation is considered to be malpractice. For you to win in any malpractice case, you must prove four things:

  • You have to prove that the lawyer acted negligently that is he/she had an intention of harming you as the client.
  • You must prove that there was an attorney-client relationship. This can be proved when the attorney agreed to offer legal advice
  • You must prove that the lawyer’s actions or inactions caused you the harm or loss.
  • You must prove that were is not for the attorney’s act of negligence you would not have suffered the loss or harm

Finding The Right Lawyer

Legal malpractice cases are complex and difficult to sail across. Therefore, before you sue, you may decide to change lawyers or report the act of malpractice to your state’s disciplinary board. With this, you might get your lawyer’s attention and avoid unnecessary costs. You may also decide to participate in fee arbitration if the dispute relates to fees. Nevertheless, if none of these options seems to help, you may consider hiring a legal malpractice lawyer. These lawyers often work on a contingency basis. And because your success is theirs, they will work hard to ensure you win. Experienced legal malpractice lawyers carefully evaluate each case and consider whether it’s worth the risk. It’s also worth noting that you must fall within the given duration of filing for your malpractice case. The duration of most of these cases can even be less than a year. If you think your case is a malpractice one, it’s better to act promptly by contacting a malpractice lawyer.

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