Does NM protect its' citizens from legal malpractice? What if the malpractice is the other party's counsel, but their violations hurt you and your family?
2007-03-08 07:58:59 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
That's not malpractice that's just a law suit. You can't make a claim for malpractice against someone who you didn't hire.
But depending on what the violation is and how it affected you will depend on what kind of actions you can take.
2007-03-08 08:04:13 · answer #1 · answered by The Teacher 6 · 0⤊ 0⤋
Malpractice is a form of negligence, and the remedies would be sought through a civil law suit against the practitioner.
Generally, it's difficult for someone other than a client to prove malpractice, because they would have to show that the attorney had a duty to act a certain way relative to that third-person and that the attorney violated that duty to the third-person. In the modern adversarial system, trying to prove that is difficult.
Each state that licenses attorneys has a complaint line, where you can inform the state bar of misconduct. The complain line may also be able to advise you of any civil remedies available to you.
2007-03-08 16:45:14 · answer #2 · answered by coragryph 7 · 0⤊ 2⤋
Good luck to you finding a lawyer that will sue another lawyer....this will be a feat in itself..........in the tri-state area I live in..there is not one lawyer that will undertake this endeavor no matter how blatant the misconduct is.......
This is one of the reasons the public should never vote lawyers into legislature.........they write the laws and leave open the interpretation for their colleagues to interrupt the way they see fit....
You can try to get them disbarred ....but unless the case has as much public attention as the Duke rape case...than don't look for much to happen on that score......
lawyers can pretty much do as they please as long as they don't physically hurt someone(physically ..lay their hands on a person ) ...any other way ....there really is no recourse against their actions.........
lawyers did not get their reputation by accident......in many instances it is well deserved......
2007-03-08 16:30:34 · answer #3 · answered by LeftField360 5 · 0⤊ 1⤋