If the attorney made significant errors while representing you, sent you a bad check, or settled your case without your permission, you may want to file a malpractice lawsuit.Lawyers in the state where they are licensed are bound by the bar association's standards.You may have a malpractice case if your attorney did not follow these standards.If you file a malpractice claim, you waive attorney-client privilege because your attorney is allowed to defend him or herself against your allegations.You have to prove that you had a contract with your attorney and that the attorney broke their duty in order to win these cases.
Step 1: Do you know what your attorney did that might be used in a malpractice suit?
There are three basic categories for legal malpractice suits.You must be able to prove that your attorney's conduct hurt you financially and that you suffered financial consequences from it.
Step 2: Do you know if your attorney was negligent?
A duty to act in the client's interest is owed to an attorney.The attorney needs to perform services at a minimum level of competence.Your attorney can be negligent if he fails to demonstrate a minimum level of competence while working on your case.If your attorney accepts your case, but doesn't do anything with it for several months, you may be considered negligent.Failing to meet deadlines, preparing for trial, and failing to follow court orders are some negligent behaviors.
Step 3: If your attorney failed to provide fiduciary duty, you should determine it.
Your attorney is required to act in your best interests.If an issue arises in which an action taken for the client's benefit will likely cause harm to the attorney, he must act in the clients benefit.If an attorney-client relationship is formed, these duties are not due.The attorney does not owe you these duties if you are not his client.Representing your opponent has a potential financial gain if you lose the case, lying to you about important case information, taking a lesser settlement without consulting you, and revealing confidential information are some of the ways in which an attorney may violate fiduciary duty.
Step 4: Do you know if your attorney broke your contract?
Your attorney may have violated the contract if he or she failed to adhere to certain terms.Failing to file an action, research a specific item, or file a lien are some examples of how an attorney may violate a contract.
Step 5: The attorney may have caused your case to be lost.
You can use the "but for" statement to describe actual cause.The lawsuit would have been settled if the attorney had filed the agreement in a timely fashion.If the attorney had acted in a minimally competent manner, you would have won the case.It's not enough to prove that you might have won.
Step 6: Determine if your attorney committed a crime.
The attorney must have caused your damages.The harm is foreseeable and not too far away from the action to be attributable to it.If someone passes a package of fireworks to a passenger on a moving train, it is possible that the fireworks will be dropped or the person giving them may be hurt.fireworks can cause an impact on a platform which shakes an industrial scale off its base, hitting a lady and causing her injury.There are two types of causation that must be proved to win a legal malpractice suit.
Step 7: Determine if you can show quantifiable damages.
quantifiable charges must be proved in a legal malpractice suit.They can be easily reduced to a monetary value.They do not include any money to compensate you for pain and suffering.
Step 8: Do you know if your case falls within the statute of limitations?
The state has a statute of limitations on cases.Some states allow as little as one year for you to file your case, but most allow three to five years.You can ask your attorney about the statute of limitations on legal malpractice in your state.
Step 9: You can get a copy of your case file from your attorney.
Your attorney's bills and the contract you signed are relevant to the case the attorney handled.Send a letter to your attorney explaining why you called to create a paper trail.After your new attorney files your case, the rest of the documents can be obtained.California is one of several states that may view your file as your own.You have to get a copy of your case file from the attorney in these states.You can file a complaint with the state bar association if s/he does not.
Step 10: There is evidence to be gathered.
All documents that support your claims of malpractice should be gathered.List the names and contact information of any person who may have knowledge or have witnessed actions to support your claims of what the attorney did or the damages that were caused.
Step 11: A list of people who could be witnesses or potential sources of information.
Anyone who was involved in your original case should be included in this list.
Step 12: You can contact a legal malpractice attorney.
Few attorneys accept legal malpractice cases.You can find legal malpractice attorneys in your area by contacting your state Bar Association.Some lawyers in California have been certified as legal malpractice specialists.You should look for an attorney on the state's bar association publicDisciplinary database and check their ratings on LawyerRankings before hiring.
Step 13: You can schedule a consultation with the legal malpractice attorney.
You can get a free consultation from most attorneys.The attorney can determine if there is a valid malpractice case if you bring your case file.If you are being paid a contingency fee, you may be required to give your attorney money for costs before your malpractice suit can begin.If you have a legal malpractice case, your attorney will be paid on a contingency basis.They will get between 30 and 50% of the proceeds.The attorneys will likely give you a free consultation if they don't charge by the hour.A free consultation may not be offered by your attorney if he charges by the hour.
Step 14: Follow the advice of your legal malpractice attorney.
The appropriate documents will be filed with the court.You will be prepared for deposition and testimony in a court trial.
Step 15: Tell your malpractice attorney what you know.
The facts that may make you look bad should be included in the case.If the malpractice attorney knows about the bad things, he can counteract them, but not if he doesn't know.Discuss any potential problems you may face from the information you disclosed to the initial attorney.The attorney-client privilege could be terminated.
Step 16: You can file a complaint.
The attorney will file a complaint against the attorney you are suing after interviewing you and agreeing on a contract.This is the start of the litigation process.
Step 17: The discovery process requires participation.
During discovery, both parties will ask each other questions.The process is designed to investigate the case.Your attorney can subpoena documents from companies that aren't involved in the litigation.Document requests will be received by your attorney.This includes both written documents and any other material related to your case.
Step 18: A deposition is under way.
A deposition is a sworn statement given in front of a court reporter.It's on the record in a deposition.During the deposition preparation process, listen to your lawyer.Don't guess is one of the rules to follow when giving a deposition.Say "I don't know" and move on."Guessing" in a deposition can get you in trouble.Don't give more than you're asked for.The opposing side has a duty to get answers.You should not give more information than is asked for.
Step 19: The summary judgment motion should be handled by your attorney.
At some point, your attorney will have to oppose a summary judgment motion.This motion asks the judge to determine if you have enough facts to win your case.The judge may dismiss your case if the facts are insufficient.These motions are important in your case, but you will probably not be involved in this part of the process.
Step 20: Attempt to reach an agreement.
If your case is able to survive a summary judgment motion, you will have a chance to settle it at a conference, mediation or non-binding arbitration.Your attorney can help you figure out your best choice.Most legal malpractice cases are not settled out of court because they are very hard to win.They go to trial.
Step 21: Go to trial.
You will have to go to trial if you don't settle your case.In order to prove their case in front of a jury or judge, both parties will present evidence.You will be required to testify and attend the trial.Your attorney will prepare you for the trial and testimony.It can take anywhere from a few days to weeks to complete your trial.
Step 22: If the ruling is applicable, appeal it.
Both sides in the legal malpractice case can appeal the ruling.Ask your legal malpractice attorney if you have a chance of success.Before your time expires, make sure you file your notice of appeal.During the appeals process, both parties can still negotiate a settlement.