Thinking they could do less work or pull a fast one, your lawyer may have intentionally taken advantage of you and your case. Your lawyer could also just have an unfortunate lack of knowledge and procedure. Either way, you and your case have suffered as a result.
How do you know if you’ve been the victim of legal malpractice? How do you know if you can sue?
The following questions, answers and statements should provide some beginner’s clarity.
Questions & answers
- Can I simply fire my lawyer if I’ve lost confidence in them? Unless you have another lawyer waiting to take your case, or your current lawyer is particularly unprofessional, and you are looking to sue for malpractice, try to stick it out. Ending a relationship with an attorney can be tricky.
- Is my lawyer ignoring my communication attempts grounds for malpractice? It isn’t. But if this occurs consistently, stay away and consult a legal malpractice attorney if more serious issues arise. Your current lawyer may just be busy with other cases, sick or procrastinating, but may also be ignoring your case. The longer this occurs, the more evidence you have, to claim malpractice.
- Can I sue my lawyer for being lazy, which led to my case being thrown out? It’s possible. If this happened, your case was improperly handled, and thus your lawyer is now responsible for the money you could have been awarded if the case was properly handled. If you were to claim legal malpractice, you would have to prove that your case was mishandled and, if it were to have been handled properly, you would have won.
- Can I claim legal malpractice if my lawyer settles my case without my approval? Most definitely, but you would have to prove that the agreed settlement was for much less than you would have received had the case went to court.
Legal malpractice is the act that your lawyer failed to use proper skill and care that other lawyers would have used in the same circumstance and similar case.
It’s possible, but very difficult to win a malpractice suit. A lawyer must have made and be charged with an egregious error or completely fumbled many aspects of your case. To win a malpractice suit, you must prove that your attorney owed you a duty to act properly, was negligent in the handling of your case and led to you being victimized by personal damages and financial losses.
There are attorneys specialized in fighting for your right when a lawyer fails you. If you feel you were victimized by legal malpractice, don’t be afraid to at least seek an initial consultation.