i had to get another attorney because the one that i had did some things behind my back....if you found out that your old attorney was neglegent....would you sue them?
2007-02-17 02:15:58 · 10 answers · asked by regis 1 in Politics & Government ➔ Law & Ethics
Yes...and I've done so successfully.
It keeps them honest...otherwise, they WILL try and take advantage of any given layperson's lack of knowledge regarding law. I've seen some try to pull crap you wouldn't believe.
I've also found that threatening to go to the media tends to make lawyers act a LOT more quickly in your favor than they would without that for a provocation.
2007-02-17 02:20:13 · answer #1 · answered by bradxschuman 6 · 0⤊ 0⤋
You can try an alternative before suing him. Report him to the state bar assocation. Every state has a board of bar ethics, or something similar. If you file a complaint, they will investigate it (if it is serious). If their investigation turns out serious problems with his conduct, then you know that he really was guilty of malpractice, and you can sue him for negligence. Note that malpractice and negligence are two different things. Just because someone is sanctioned by the bar for malpractice doesn't mean he will also be liable for negligence. However, if he is not even sanctioned for malpractice, or if they close the case because there isn't a valid complaint, you'll know that you probably have no claim.
2007-02-17 07:06:10 · answer #2 · answered by rd211 3 · 0⤊ 0⤋
Good luck trying to find an attorney that will sue another attorney. It's probably not worth the time or money. I wouldn't pay an attorney up front though, if you can find one that will take a percentage of the judgment, then give it a try.
2007-02-17 02:20:34 · answer #3 · answered by Mike M. 5 · 0⤊ 0⤋
To prove malpractice, you would have to prove that your attorney was negligent. In other words, whatever he did "behind your back" must have hurt your case. In addition, you will need to prove that your case was one that could have been won but for your former attorney's conduct. From what little you've said, I wouldn't sue unless your case was one that could have easily been won, and then wasn't due to the attorney's actions. Better to file a grievance with your state's bar association. You may get the fees you paid to him/her back (but probably not your costs).
2007-02-17 03:55:28 · answer #4 · answered by michattorney 2 · 0⤊ 0⤋
I think depending on your situation. You could either sue or report him at least but you would need valid proof. Not only that but you could let everyone that you know what happened in your situation and get it out on in the public, it could hurt his name and let the word out. I think before you do anything of this sort though consult with your new attorney and tell him your case and he will be able to advice you and let you know whether or not you have sufficient evidence and what your next step should be.
2007-02-17 02:22:00 · answer #5 · answered by ☆Ele☆ 3 · 0⤊ 0⤋
I believe that is something you should be asking your new attorney. If your lawyer really was negligent, and caused you any losses, then he is liable for those losses and should pay. If you did not recieve any losses or if those losses in themselves were pretty much negligible then I wouldn't do it because you don't want to possibly incur more lawyer fees. If the lawyer was a complete *** and did this stuff, and it didn't cause you any losses, you could probably talk to the state bar and mention his negligence and they will probably make life hard on him.
2007-02-17 02:20:43 · answer #6 · answered by MJ 3 · 0⤊ 0⤋
Good luck trying to sue an attorney!
2007-02-17 02:53:44 · answer #7 · answered by nukehoop 3 · 0⤊ 0⤋
The restricting statutes for tort alleviation or for different styles of harm suits variety from state to state, yet one element is obvious: in case you "...understand the shrink has surpassed..." and nevertheless contemplate whether "...grow to be to be the thank you to void the time shrink...", you would be dissatisfied. Statutes that shrink the time which you would be able to deliver an action are there for a robust reason. They inspire lawsuits to be filed in a well timed way, and permit people who're no longer sued in a well timed thank you to renounce hectic approximately it after the cut-off date has surpassed. the quick answer is which you likely won't be able to do a element once you're particular the time shrink has expired. - Stuart
2016-10-15 12:30:42 · answer #8 · answered by rosen 4 · 0⤊ 0⤋
Report him to your state bar association.
2007-02-17 02:31:12 · answer #9 · answered by docie555@yahoo.com 5 · 0⤊ 0⤋
yes, but like every other civil case, make sure you have evidence and sworn/signed affidavits.
2007-02-17 02:18:25 · answer #10 · answered by Anonymous · 0⤊ 0⤋