There are a lot of good lawyers out there, but sometimes you may end up with a bad one. What do you do? If your lawyer hasn’t properly represented you, you should try to work it out first. For instance, you may want to hire another lawyer to help your case. You can also report ethics violations to the bar association.
If you are still not happy with these alternatives, you may consider a legal malpractice claim. However, a legal malpractice claim can be hard to prove. There are three types of legal malpractice claims.
The first type is Negligence. Negligence occurs when your lawyer represents you with poor standard and care. Here are some examples of negligence.
– Poor preparation for trial
– Fail to follow court orders
– Missing important deadlines in your case
The second type is Breach of contract. It happens when your lawyer violates agreements with you.
The third type is Breach of fiduciary duty. It happens when your attorney has a conflict of interest that harms your case. Here are some examples of Breach of fiduciary duty.
– Your attorney represents another client to your disadvantage.
– Your lawyer lies to you about important case information
– Your lawyer makes sexual advances toward you.
Suing your lawyer is not going to be easy. You must prove:
– Your lawyer incompetently represents you.
– Your lawyer made a significant mistake in your case.
Your lawyer’s incompetent can be very difficult to prove. You should review your chances of success before proceeding.