A lawyer is not god or above the reach of the law. Most countries including the US have laws that declare that lawyers are accountable for the actions they take and as a professional every lawyer must behave professionally, responsibly, and ethically.
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.
Read up extensively on suing a lawyer and refer to different cases to determine how successful you are likely to be. Weigh the pros and cons before you take a final decision.
By: Aaron Brooks
Posts Tagged ‘Negligence’
Leave Your Legal Worries To A Highest Rated Personal Injury Lawyer
January 22nd, 2010
Injury and pain are very much a part of our lives and they go hand in hand with the little joys that we experience. When an injury is accidental and unintentional then we have no one to blame for our misfortune. However if there is an involvement of a third party in the event of a personal injury it is justified for the victim to feel anger towards the person or organization that has caused the personal injury. The injured victim would then want to receive justice and hope for compensation from the party that has caused the personal injury either due to negligence or intentional. In such circumstances it is advisable to hire the highest rated personal injury lawyer to handle the case on the victim’s behalf.
The highest rated personal injury lawyer is experienced in handling many such cases which involve personal injury caused to an individual due to a third party involvement. The lawyer is well qualified to handle the nitty-gritty involved in handling such cases which could get quite complicated. If the party causing the injury is influential in nature and has the necessary contacts in high places it could unduly influence the case. Especially if a personal injury is caused due to the negligence of a corporate then the individual can be assured about the legal fight getting messy with many allegations on the individual’s competence. This is usually the result when the corporate has to protect its good name in the market and win the personal injury case. Here the highest rated personal injury lawyer may be able to use his past experience with such cases to save his client from legal loopholes.
The victim and his family can easily trace the highest rated personal injury lawyer through a detailed research on the internet or maybe even simply surfing through the yellow pages. Past references from clients who have won their cases due to the highest rated personal injury lawyer can also help in deciding in favor of the lawyer. As it is crucial for the client to trust his lawyer, hence all measures should be taken to ensure that such a faith can be duly established. Only when a client completely trusts the highest rated personal injury lawyer will he be able to relax and then the lawyer can get all factual information about the accident. Complete divulgence of the entire episode is necessary for the lawyer to be able to build up a rock solid case for his client.
It may occur to the client that the highest rated personal injury lawyer will be very expensive as far as his fees are concerned. Hence it is best to clarify all financial terms and conditions before actually hiring a lawyer. Most reputed lawyers do not charge anything for a consultation and till the case has been decided in his client’s favor. So it is quite possible that the victim of a personal injury may be able to get the best lawyer without spending much from his own pocket. An awareness of every fact is therefore essential before a lawyer is hired to fight a case on the victim’s behalf. Once you have decided to hire the highest rated personal injury lawyer you can rest assured that you have a very good chance of winning the case against the accused.
By: Hadiya Robins