A lawyer is not god nor is he above the reach of the law. Most countries, including the US, have laws that hold lawyers accountable for the actions they take, and as professionals, all lawyers must conduct themselves in a professional, responsible, and ethical manner.
Often the lawyer you hire may be unethical or squeaky clean, in which case you can protect yourself from legal malpractice by suing your lawyer. Before you file a lawsuit, you should know that it is within your rights to sue your lawyer.
Lawyers can be sued for malpractice, misrepresentation, improper billing, negligence, breach of fiduciary duty, and breach of contract, among many other cases.
To sue a lawyer, you must clearly establish that the lawyer wronged you. The court needs to know in no uncertain terms that the attorney defrauded you in a case that you otherwise would have won. Suing a lawyer should be done quickly, check with your state bar association or court for the time limit.
Suing a lawyer is expensive, so before you take the final step you should try: meet with your lawyer and put your cards on the table, try to resolve the issues; complaint to the local Bar Association; or seek arbitration to resolve the dispute. If nothing works and you are sure 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, etc. The documentation must be hermetic.
2. Demonstrate beyond any doubt how much the case has cost you in terms of legal fees and other expenses.
3. Clearly establish that the lawyer did not act properly, due to breach of duty.
4. Prove breach of duty and negligence.
5. Have evidence that the lawyer’s lack of interest and misrepresentation harmed you financially.
6. Have documentation showing how the case unfolded and where the attorney slipped.
7. Keep documentation of unreturned calls, canceled meetings, and failure to appear at hearings.
8. Show that the lawyer let his case gather dust while he focused on other clients despite your many reminders or urgings. That for the lawyer his case had no commitment or interest.
9. Establish that after agreeing to handle your case personally, the lawyer left the case work to an assistant or subordinate.
10. Have proof that the attorney misappropriated your funds, overbilled you, or settled the case on your behalf with vested interest in the opponent.
Malpractice and the law are related and unfortunately many lawyers forget the surprises they caught and practice the law unethically and illegally. Every citizen has a right to justice, so when you have enough evidence to sue the lawyer, You must first find a lawyer who agrees to file a lawsuit against your lawyer. Always seek a second opinion from a lawyer who does not know your lawyer and who is not related to the case you are fighting. Suing a lawyer means high expenses, as even lawyers who handle cases of suing errant lawyers charge exorbitant fees.
Read extensively on how to sue a lawyer and check out different cases to determine how successful you are likely to be. Weigh the pros and cons before making a final decision.