By hiring a lawyer, you do it with confidence. Most lawyers are honest and do a good job for their clients. Unfortunately, there are also bad eggs. If your lawyer has done something wrong, you may want to consider suing a lawyer for abuse. Sueing a lawyer is complicated and not as easy as it may seem. Can I sue my lawyer for bad representation?
How do I file a case for abuse?
It is very difficult to win a case of abuse because of the amount of evidence needed to prove that the lawyer did not use the usual skills and diligence that other lawyers would use to deal with a similar problem or case under similar conditions. In this regard, it is important to know that four basic things you need to win a case of abuse against your lawyer:
- Duty – the lawyer owed you the duty to act as a licensed specialist
- Breach – your lawyer has breached his duty to you through negligence, he made a mistake or he did not do what he was obliged to do
- Causality – this behavior of the attorney did you harm, and
- Compensation – the costs incurred resulted in a financial loss.
These basic abuses arise from problems related to problems in the relationship between the lawyer and the client. Usually, they are concerned about lack of communication, dishonesty and incompetence, inadequate legal work, arbitration and bills. To be more specific, the American Bar Association has published an article taken from the Law Practice Magazine issue, which shows the most common claims for fraud by type of alleged error in selected claims from both the United States and Canada.
Of the 24 legal claims, all of the above-mentioned problems are listed as common problems. These include: inability to apply the law, error in strategy planning, inadequate detection or investigation of a case, failure to submit documents, procrastination, lack of client consent, fraud etc.
If you believe that a privileged person has been violated in any way, you can apply for abuse.
Alternatives to lawsuits
There are several alternative ways to sue a lawyer.
- If your lawyer has violated the proper ethics, you can complain to the ethics committee of the bar association, which ensures that all lawyers are able to extend their licenses. An advocate may be annulled or directed to payment of damages.
- If you are questioning a fee with your lawyer, the state probably also has a fee dispute commission that can help you obtain an out-of-court settlement of the dispute.
- You can hire another lawyer to complete or rectify your case and get the result you need.
- You can also hire a lawyer to negotiate with a problem lawyer and get an explanation of the mistakes made in your case.
It is very frustrating to know that a trusted lawyer has let you down. Sue for abuse is one way to get compensation for offenses committed by your lawyer.