How to sue your lawyer
If you have a legal problem that requires hiring a lawyer, the lawyer you have hired has a responsibility to properly represent you. You are placing your trust in that lawyer to always keep your best interests in mind. Once a lawyer agrees to take your case, they owe you a duty of care to take all the appropriate steps necessary to reach a resolution.
Unfortunately, there are times when a lawyer may breach their duty of care, whether intentionally or negligently. If you believe your lawyer has mishandled your case or has behaved in an unethical or illegal manner, you may be able to sue your lawyer for attorney malpractice.
Suing an attorney for legal malpractice can be complicated. You must be able to prove that the attorney in question was negligent when it came to how your case was handled. Just because your lawyer lost your case does not mean they committed malpractice.
Reasons you can sue your lawyer include:
- Missed deadlines
- Misuse of finances
- Breach of confidentiality
- Inadequate investigation or discovery
- Errors in communication
- Lack of consent
- Failure to know and/or correctly apply the law
- Fraud
- Conflict of interest
- Failure to follow instructions
What is legal malpractice?
Attorney malpractice happens when a lawyer represents you in a way that falls below the accepted standard of professional representation. There are several facets to a case of legal malpractice which you need to be able to prove to secure compensation. And, just like in cases involving medical malpractice, you must show that your lawyer’s failures caused you harm.
The essential elements to prove in a legal malpractice case include:
- Your lawyer had a duty to properly represent you once the attorney-client relationship was formed
- Your lawyer failed to fulfill their professional duty to you. This breach of duty could be the result of negligence or an intentional, wrongful action.
- Your lawyer has committed a breach of contract in that they have failed to do something agreed to in your contract, i.e. filing a legal deed or patent.
What are your options
If you believe you are a victim of legal malpractice and want to sue your attorney, there are steps to take. First, get your original case file from the attorney in question. Then, it’s critical to the success of your malpractice suit that you gather all the documentation pertinent to your original case.
Next, contact an attorney that specializes in handling cases involving legal malpractice in the state of California. Scott S. Harris, legal malpractice San Diego attorney, will work diligently to right the wrongs that you have suffered and get the compensation you deserve.