Legal Malpractice Basics

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How Do I Get a New Lawyer?
Clients are generally free to change lawyers at any time. (Although, if you are about to begin a trial in your case, a judge may refuse to allow you to switch lawyers.) However, there are some drawbacks to doing so. First, it may take extra time for your new lawyer to get up to speed in your case. Second, ... READ MORE

My Lawyer Isn't Returning My Phone Calls. What Can I Do?
A lawyer’s lack of communication is one of the most common complaints by clients. Often times, communication issues are the result of the lawyer’s busy schedule or failure to set proper expectations on how soon you can expect a response. In these cases, the lawyer might be working on your case regularly, ... READ MORE

What If I Dispute My Lawyer’s Fees and Costs?
Your lawyer should give you a breakdown of all fees, costs, and other expenses taken out of your settlement or award. If you have questions about any deductions, ask your lawyer to explain what the charge was for. Your lawyer should also give you copies of invoices, bills, and receipts for relevant charges, ... READ MORE

Can I Report My Lawyer to a Disciplinary Board?
Each state has its own ethical rules that lawyers must follow, usually called the “rules of professional conduct.” In most states, these rules are broader than the standard of care in a legal malpractice case. This means that, even if your lawyer hasn’t committed malpractice, your lawyer might ... READ MORE

Can I Sue My Lawyer for Breach of Contract?
A legal malpractice lawsuit is based on the lawyer’s negligence: the failure to live up the general standards that we expect from lawyers. However, you can also sue your lawyer for breaching a specific promise in your retainer agreement. A retainer agreement is a contract between you and your lawyer, ... READ MORE

Has My Lawyer Breached a Duty of Care?
Unfortunately, it’s not uncommon for a client to be unhappy at the end of a legal case. Lawsuits can be stressful and emotionally draining, and even successful plaintiffs rarely feel that they were fully compensated for all their losses and inconveniences. However, just because you weren’t happy ... READ MORE

What Is Legal Malpractice?
If your lawyer has mishandled your case, and you have suffered a monetary loss as a result, you may be able to sue your lawyer for legal malpractice. To win a legal malpractice case, you must prove the following three elements. Your attorney owed you a duty of care. You must show an established attorney-client ... READ MORE

Legal Malpractice FAQ
Sometimes lawyers mishandle cases, give faulty advice, or make other significant mistakes. If this has happened to you, and you’ve suffered a financial loss as a result, you may be able to sue for compensation. Below, you’ll find answers to common questions about legal malpractice cases, including ... READ MORE

Reporting a Lawyer for Ethics Violations
Lawyers who don’t live up to their ethical obligations can face discipline from a state board. ... READ MORE

 

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Legal Malpractice Questions

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Malpractice is a claim that a client has against their own attorney for bad work done for them.  This lawyer is an adversary.  You can make a motion to have the judgment vacated or modified ...Read more

I am sorry to hear about your problems, but I glad that you found a firm to help you settle the matter. On what little proof you have provided, I am not in a position to address whether there was mal ...Read more

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Were You a Victim of Legal Malpractice?

Montana Lawyer Innocent of Malpractice for Alleged Welfare Benefit Advice

Question: Do I have recourse against an attorney for giving me bad legal advice? Question Detail: I asked my attorney if under it is okay to gift money (amount allowable by IRS) and still be able to g ... Read more

Breach of Fiduciary Duty in Legal Malpractice Gets Fees

Divorce lawyer Susan Chana Lask explains disgorging fees in legal malpractice. http://www.appellate-brief.com A lawyer’s breach of fiduciary duty alleged in a Legal Malpractice case refunds lega ... Read more

Court Holds That Pro Se Legal Malpractice Complaint Tolls Statute of Limitations

Does A Pro Se Malpractice Complaint Toll The Statute of Limitations?  H and H DEVELOPMENT, LLC v. Ramlow, 2012 MT 51 – Mont: Supreme Court 2012 – Google Scholar:  This is an unus ... Read more

Terminating the Representation in Illinois

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