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Suing Your Lawyer Is Possible

There’s a fairly prevalent myth going around that it is impossible to sue a lawyer. This is inaccurate, as you are able to sue a lawyer for legal malpractice.

If you don’t happen to be that thrilled with the work your attorney did for you, didn’t like the representation, questioned how things were handled and felt you were being misled, you may consider a legal malpractice claim. Of interest is that a claim may also be filed in instances of client-attorney disagreements over fees and in relation to ethical violations by the lawyer. As you can see, there are several alternatives open to you, each of course being a different case, mandating a different way to handle it.

Generally speaking suing an attorney would fall into one or more of three categories. One of those classifications is breach of fiduciary duty. This is a claim that you file if you have a conflict of interest with your lawyer. Keep in mind that this type of claim is only considered if the attorney’s breach harmed you in some way. For instance, you may file a malpractice claim if your attorney misused/mishandled monies while handling your case. If the attorney settled your case for less or misrepresented it and didn’t tell you about it because of their social or financial connections, this could be grounds for professional malpractice as well.

Other actions that your attorney may be sued for include representing a defendant in the same lawsuit, which would obviously make a difference in how your case turned out. If they concealed important information from you, would not talk about settlement offers or made sexual advances, you would also have a good case for malpractice.

If by chance your attorney has run afoul of the conditions and terms of any agreement with you, this may constitute a breach of contract lawsuit. An example of this could be that you get bills that are not in line with the fee agreement you signed.

If you feel that your lawyer has not put out a very good effort on your behalf, isn’t performing up to even the normal standard of skill for a competent attorney of a similar skill level, you may be able to sue your attorney for negligence. There are certain circumstances that must exist before a negligence claim is considered and they include the attorney not following court orders; case deadlines were missed and caused you harm; a case was not filed within the statute of limitations and/or there was no proper preparation for trial.

If you feel that your attorney has not represented you in a professional manner, speak to a lawyer who has experience in handling legal malpractice cases. They will be able to assess your case and determine if there is enough information to proceed to trial.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.