5 Reasons to Sue an Attorney
When you hire a lawyer, you trust them to handle your legal matters with professionalism and expertise. Unfortunately, not all attorneys live up to these expectations. While suing a lawyer for malpractice is a serious decision, it is sometimes necessary to protect your rights and interests.
Here are a few reasons to sue an attorney:
- Negligence
- Breach of contract
- Breach of fiduciary duty
- Missed deadlines
- Administrative errors
If you believe your attorney has committed any of these breaches of professional duty, Sears Crawford specializes in attorney malpractice cases and understands the complex nature of these claims. Co-founding attorney, Ross Sears has over 30 years of experience successfully handling legal malpractice cases of all types and is ready to help fight for yours.
Don’t let your lawyer’s misconduct go unchallenged — schedule a free consultation or call us at (713) 223-3333 today!
1. Negligence
Can you sue your attorney for negligence? Absolutely. Legal negligence occurs when an attorney fails to provide the level of care, skill, and diligence that a reasonable attorney would exercise under similar circumstances. This goes beyond simple mistakes or unfavorable outcomes and involves errors that harm your case or interests.
Common examples of attorney negligence include:
- Failing to apply relevant laws or legal precedents
- Missing key evidence that would strengthen your case
- Inadequately preparing for court proceedings
- Making serious errors in document preparation
- Failing to conduct thorough legal research
- Not protecting your legal rights within required timeframes
To prove attorney negligence, you must demonstrate that your lawyer’s actions fell below professional standards and that these failures directly caused you harm or financial losses. For instance, if your attorney’s negligence led to a dismissal of your case, a less favorable settlement, or additional legal expenses, you may have grounds for a malpractice claim.
2. Breach of contract
When you hire an attorney, you enter into a contractual agreement, typically through a retainer agreement or engagement letter. This contract outlines the scope of legal services, fees, and responsibilities your attorney agrees to fulfill. When an attorney fails to honor these contractual obligations, it may constitute a breach of contract.
Common examples of breach of contract by attorneys include:
- Not following specific instructions outlined in the retainer agreement
- Charging fees beyond what was agreed upon
- Working outside the scope of representation without authorization
- Abandoning your case before completion without proper withdrawal
- Not delivering promised services within agreed timeframes
To pursue a breach of contract claim against your attorney, you’ll need to show that specific terms of your agreement were violated and that you suffered damages as a result. Keep in mind that verbal agreements can also be binding, though written contracts often make it easier to prove the exact terms that were breached.
Learn more: Can I fire my attorney if I signed a contract?
3. Breach of fiduciary duty
Attorneys owe their clients the highest level of loyalty, honesty, and confidentiality. This special relationship is called a fiduciary duty — a legal obligation to act in their client’s best interests above all else. When lawyers violate this sacred trust, they can be held accountable for breaching their fiduciary duty.
Breach of fiduciary duty examples in the legal profession often include:
- Representing clients with conflicting interests
- Disclosing confidential client information
- Using client funds or property for personal benefit
- Putting their own interests ahead of the client’s
- Making decisions about your case without your informed consent
- Concealing important information about your case
- Taking advantage of attorney-client relationships for personal gain
- Accepting kickbacks or undisclosed benefits that affect their representation
These breaches can cause significant harm to your case and financial interests. For instance, if your attorney settles your case for less because of an undisclosed relationship with the opposing party, or misuses funds from your settlement, they’ve violated their fiduciary responsibilities to you.
4. Missed deadlines
When it comes to suing an attorney, few mistakes are as serious as missing critical deadlines. The legal system operates on strict timelines, and attorneys have a professional duty to know, track, and meet all deadlines related to your case.
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Critical deadlines that attorneys must meet include:
- Statutes of limitations for filing lawsuits
- Court filing deadlines for documents and motions
- Appeal deadlines
- Response times for discovery requests
- Registration deadlines for legal claims
- Time limits for filing insurance claims
- Deadlines for submitting evidence
Missing any of these deadlines can severely damage or completely eliminate your legal rights. In such cases, suing a lawyer for this type of negligence may be your only recourse for recovering the compensation you should have received in your original case.
5. Administrative errors
Can you sue your lawyer for administrative errors? While some administrative errors may seem minor, they can have serious consequences for your legal case. Administrative errors occur when attorneys or their staff mishandle important paperwork, documentation, or office procedures in ways that compromise your legal interests.
Common administrative errors include:
- Misfiling or losing important documents
- Failing to properly calendar court dates
- Making errors in legal documentation
- Incorrectly recording or tracking time and billing
- Not maintaining proper client files
- Mishandling mail or electronic communications
- Misuse of client trust funds
What distinguishes actionable administrative errors from minor mistakes is the extent of harm they cause. When administrative errors result in financial losses, missed opportunities, or compromised legal rights, you may have grounds for a lawsuit against your attorney.
How to find lawyers that sue lawyers: Start with Sears Crawford
If one or more of the above reasons to sue an attorney match your situation, and you want to know how to find a lawyer to sue another lawyer, start your search with Ross Sears from Sears Crawford, who has extensive experience in handling legal malpractice cases. We understand what is needed to sue another lawyer and can provide the expertise to properly navigate this process.
Sears Crawford stands out for our commitment to clients and our track record of success in legal malpractice cases. With our extensive knowledge and experience, we can help you build a strong case and seek the compensation you deserve.
If you are interested in taking action against a former attorney, call Ross Sears at (713) 223-3333 or contact us online to schedule a free consultation. We are here to help you get what you deserve.
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