Can I Sue My Lawyer for Taking Too Long?
When you hire an attorney, you expect them to handle your case diligently and promptly. However, if your lawyer takes an unreasonable amount of time to settle your case, it can lead to frustration, financial losses, and other negative consequences. If you find yourself asking, “Can I sue my lawyer for taking too long?”, the answer is yes, you can sue your lawyer for taking too long if their delay constitutes legal malpractice and caused you a financial harm.
While the legal process can be inherently slow, excessive delays caused by an attorney’s negligence or misconduct are unacceptable. If your lawyer has taken too long to settle your case, or too long to file paperwork, resulting in harm or loss, you have the right to seek legal recourse.
At Sears Crawford, we sue lawyers who have wronged their clients and caused them harm. Contact us online or give us a call at (713) 223-3333, we are here to support you and ensure that your rights are protected.
Why do lawyers take so long to settle a case?
Settlements can take a long time, even if your lawyer doesn’t do anything to make it take longer. Several factors can contribute to the extended duration of a case settlement:
- Legal complexities: One primary reason is the complexity of the case. Cases involving intricate legal issues, numerous parties, extensive evidence, or high stakes can take longer to resolve.
- Scheduling issues: Additionally, the legal process itself can be slow due to court schedules, procedural requirements, and the need for thorough preparation.
- Attorney caseload: Another reason could be the attorney’s caseload. Lawyers handling multiple cases simultaneously may struggle to allocate adequate time and resources to each client, causing delays.
- Opposition tactics: In some instances, the opposing party might also contribute to the delay by using stalling tactics, such as filing motions or requesting continuances.
Do lawyers take a long time to respond?
Lawyers taking a while to respond to requests is an unfortunate reality of the business, however, not all delays are justifiable. Procrastination, poor communication, or a lack of organization on the lawyer’s part can lead to unnecessary and harmful delays that can interfere with their clients’ cases. If your lawyer consistently fails to make progress on your case or provide updates, it might be a sign of neglect or incompetence.
How fast should your lawyer get back to you?
Timely communication is a fundamental aspect of the attorney-client relationship. Clients have a right to be informed about the status of their cases and to receive prompt responses to their questions or concerns. While there is no universal standard for response times, most ethical guidelines suggest that attorneys should return client calls or emails within a reasonable time frame, typically 24 to 48 hours.
In some cases, urgent matters may require even quicker responses. If your lawyer frequently fails to get back to you or provide updates on your case without a valid reason, it can be a red flag. Good communication is essential for building trust and ensuring that you stay informed and involved.
Reasons to sue an attorney
Suing an attorney for legal malpractice is a serious step that requires proving that the lawyer’s actions or inactions caused you harm. What constitutes legal malpractice? Some common grounds for suing an attorney include:
- Professional negligence happens when your lawyer fails to perform their duties with the level of competence and care expected in the legal profession, resulting in harm to your case.
- Suing for breach of contract means your lawyer has violated the terms of your agreement, such as charging fees in excess of the agreed amount; not using the lawyer on the case that you contractually agreed to, etc.
- A conflict of interest occurs when your attorney represents another party with opposing interests, or looks out for their own interests, thereby compromising their ability to represent you effectively.
- Inadequate representation (which falls under professional negligence) is when your lawyer’s actions or lack thereof result in a negative outcome for your case, such as missing critical deadlines or failing to present key evidence.
- Misuse of funds is an actionable offense because your attorney has misappropriated or mishandled funds entrusted to them, such as settlement money or retainer fees. This can give rise to claims for Breach of Fiduciary duty. This could also include unethical overcharging.
- Fraud or misrepresentation. If your lawyer deceives you or provides false information about your case, you can sue your lawyer for fraud, and breach of fiduciary duty.
How to find a lawyer to sue another lawyer
Finding a lawyer to sue another lawyer can be challenging, but it’s essential to seek a professional negligence attorney with experience in legal malpractice cases. Here are some steps to help you find the right lawyer:
- Conduct research: Look for attorneys who specialize in legal malpractice. Online directories, bar association websites, and referrals from friends or colleagues can be useful resources.
- Check credentials: Verify the lawyer’s credentials, including their education, experience, and disciplinary history. Ensure they are licensed to practice in your jurisdiction and are in good standing with the bar association. It is preferable that the attorney be Board Certified by the Texas State Bar.
- Read reviews: Client reviews and testimonials can provide insight into the lawyer’s reputation and track record in handling similar cases. When considering reviews, look at reviews from actual former clients, not complaints by persons whose cases were declined by the firm.
- Meet in person: Schedule consultations with potential lawyers to discuss your case. Ask about their experience with legal malpractice cases, their approach to handling such cases, and their fee structure.
- Assess communication skills: Choose a lawyer who communicates clearly and promptly, as effective communication is crucial in legal malpractice cases.
- NEVER hire an uninsured attorney: Ask the attorney you want to hire, if they carry Malpractice Insurance. If they say anything other than YES, then DO NOT HIRE THEM!
If your attorney’s delay has caused you harm, call Ross Sears at Sears Crawford to make it right.
“Can I sue my lawyer for taking too long?” Yes, if your lawyer’s delay in handling your case has caused you harm. Delays can lead to missed opportunities, financial losses, and unnecessary stress. At Sears Crawford, we understand the frustration and challenges that come with legal malpractice cases.
Ross Sears has been suing lawyers in Texas for over 30 years, and he remains dedicated to helping clients hold negligent attorneys accountable and secure the compensation they deserve.
We offer personalized attention and a thorough evaluation of your case to determine the best course of action. Our goal is to ensure that you receive the representation you need to rectify the harm caused by your previous attorney’s delay.
Don’t let your attorney’s negligence go unchecked. If you’ve suffered due to your lawyer taking too long to settle your case, contact Sears Crawford online or call us today at (713) 223-3333 for a free consultation.
More Helpful Articles by Sears Crawford:
- What Do I Do if My Lawyer Lost My Case?
- How to Fire a Lawyer in Texas
- Breach of Fiduciary Duty Examples
- Five Things You Need to Know about Suing a Lawyer for Malpractice
- What Is Considered Malpractice for an Attorney?