Suing My Attorney who was Ineffective, Incompetent
Suing my Attorney who was Ineffective and Incompetent
While depending on attorneys to handle legal matters usually is for the public good, these individuals may fall short of their expected standards sometimes. So, what can you do if the advocate messes up the case? Do you have rights? How can I prove that the attorney I hired to defend my child on a criminal charge was ineffective and incompetent?
Pursuing a Malpractice Case
Winning a malpractice case is particularly hard because the plaintiff has to prove that the defendant failed to use reasonable skill expected of someone of his experience and legal capacity. There are four basic elements needed to win a malpractice case against your advocate:
- Duty
- Breach of that duty
- Causation
- Damages as a result of the breach
Usually, all of the above issues are common problems. They arise due to a lawyer’s failure to correctly apply the law, poor strategy, inadequate research into the matter, failure to file the requisite papers, procrastination, fraud, etc.
What are your Rights?
As a bare minimum, you can and should expect your advocate to:
- Advise you on our legal position
- Update you on your case progress
- Inform you of his/her expectations of what could happen
- Let you make vital decisions about your case
- Estimate the cost of all services
- Assist in any cost-benefit analysis you may need
- Keep in touch with you
- Advise you on the best legal position to take
- Prepare and brief you for your case
Commonly asked Questions
I no longer have confidence in my lawyer. Can I sue for negligence?
Unless a lawyer is truly bad and violates your legal rights or commits malpractice, it is better not to go after your lawyer unless you have another advocate who has shown interest in the case at hand.
I fired my lawyer; Can I get my information back?
You are entitled to have your information signed over to you or your new lawyer. This is regardless of any fee disputes.
My lawyer isn’t communicating; Is this malpractice?
Failure to return phone calls well is not a reasonable or plausible reason to file a malpractice case. However, it may be a sign of impending trouble.
My lawyer isn’t working on my case; is this malpractice?
The longer nothing is said about your case, the more likely it is that it will eventually amount to malpractice. Try as much as possible to reach them via letters and emails. If no response is forthcoming, it could amount to malpractice.
What if my lawyer acts without my consent; can I sue then?
Yes, you can. In this case, however, you have to show that your lawyer acted without your permission.
My advocate sent me a huge and unforeseeable bill; what options do I have?
As a first step, don’t pay the bill if you feel that it is in excess of your agreement. Ask about the bill and, if possible, ask for a reduction. If they refuse, consider filing for a nonbinding fee arbitration with the local bar association.
Contact Boca Law Today
At Boca Law, we understand the trust that clients place upon our professionals. This is the basis of our commitment to ensure legal service is top-notch and accessible. All claims are tackled by one of our lawyers that are resource persons in their areas. You won’t have to worry about inexperienced paralegals or case managers. If you have a personal injury case, even a legal malpractice case, contact Boca Law. We are here for you.