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 an attorney is a serious decision, it is sometimes necessary to protect your rights and interests. Whether due to negligence, breach of contract, or other forms of misconduct, knowing your reasons to sue an attorney and finding the right representation are crucial steps in pursuing justice.
At Sears Crawford, we sue lawyers because our clients always come first, and we hold our obligation to our clients and the integrity of our profession above all else. Super Lawyer Ross Sears has over 30 years of experience successfully handling legal malpractice cases of all types.
He is Board-Certified in Personal Injury Law, which is the area of the law that includes legal malpractice; this tells you that he not only has the knowledge and the experience but also the confidence from his peers to secure a much sought-after Board Certification.
What is the most common complaint against lawyers?
The most common complaint against lawyers is inadequate communication. Clients often feel frustrated when their attorneys fail to keep them informed about the status of their case or respond promptly to their inquiries. Effective communication is crucial in legal matters, as it helps clients understand the process, make informed decisions, and feel reassured that their case is being handled competently.
Other frequent complaints include missed deadlines, lack of preparation, administrative errors, and billing disputes. These issues can significantly impact the outcome of a case, leading to dissatisfaction and, in some cases, harm to the client’s interests. When these problems arise, clients may consider taking legal action against their attorneys.
Common reasons to sue an attorney
There are several grounds on which you might sue an attorney. Each situation is unique, but some common reasons include the following:
Defining legal malpractice
Legal malpractice is the overarching term that encompasses various forms of attorney misconduct, including negligence, breach of contract, breach of Fiduciary duty and ethical violations.
What is an example of legal malpractice? Examples include, but are not limited to, an attorney failing to meet court deadlines, providing incorrect legal advice, or misusing client funds. If you believe your attorney has committed legal malpractice, you may be able to pursue a lawsuit to recover damages for the harm caused by their actions.
Missed deadlines
Missed deadlines can have severe consequences for a client’s case. Whether it’s failing to file documents on time, missing court dates, or neglecting to meet other crucial deadlines, attorneys who miss important deadlines can be subjected to the dismissal of a case, loss of rights for their clients, or other adverse outcomes. If your attorney has missed critical deadlines and this has negatively affected your case, you may have grounds to sue for damages.
The lawyer is unprepared to defend you
When you hire a lawyer, you expect them to be well-prepared and knowledgeable about your case. Unpreparedness can manifest in various ways, a few of which include:
- Failing to gather necessary evidence
- Not preparing for court appearances
- Lacking a clear defense strategy
If your lawyer’s lack of preparation has negatively impacted your case, you might have a valid reason to sue for damages.
Breach of contract
Suing for breach of contract can only occur when an attorney fails to fulfill the obligations outlined in the agreement with their client. This could include not delivering promised services, failing to charge the agreed upon fee; or not adhering to the terms of the contract.
Breach of Fiduciary Duty
When attorneys fail to uphold their Fiduciary Duty to you, which is the lawful imposition of a commitment to your best interests, you may be able to sue for damages.
A common way that lawyers breach their Fiduciary Duty is by charging unconscionable fees or overbilling. Can you sue a lawyer for overbilling? If your attorney overcharged you or charged for services not rendered you may be able to seek compensation for the financial losses incurred.
Professional negligence
Professional negligence occurs when an attorney’s actions fall below the standard of care expected in the legal profession, resulting in harm to the client. This can include providing incorrect legal advice, failing to file crucial documents, or mishandling a case.
Clients often ask, “How much can I sue my lawyer for negligence?” The amount you can sue for depends on the extent of the harm suffered and the specifics of the case, including financial losses,, and any other damages incurred due to the lawyer’s negligence.
Administrative errors
Administrative errors, such as misplacing important documents, filing incorrect paperwork, or failing to communicate key information, can significantly impact a client’s case. These mistakes, while seemingly minor, can lead to serious consequences, including missed deadlines and unfavorable court rulings. If administrative errors by your attorney have harmed your case, you may have grounds to sue for compensation.
Can you sue a lawyer for harassment?
While distinct from legal malpractice or negligence by your attorney, harassment by an attorney, whether it be verbal, physical, or sexual, is a serious issue. Lawyers are expected to uphold professional and ethical standards, and any form of harassment violates these principles.
If you have experienced harassment from your lawyer, you have the right to file a complaint with the appropriate legal authorities and pursue a lawsuit for damages. Harassment not only causes emotional distress but also undermines the trust and integrity essential in the attorney-client relationship.
How long do you have to sue an attorney for malpractice?
The legal malpractice statute of limitations in Texas is generally two years from the date the malpractice occurred or when the client discovered, or should have reasonably discovered the malpractice. This means you have a limited window of time to take legal action if you believe your attorney’s misconduct or negligence has harmed your case.
It’s important to note that certain circumstances can affect this timeframe. For instance, if the malpractice was not immediately evident and you only discovered it later, the clock might start ticking from the date of discovery. However, the rules surrounding the discovery exception can be complex, and it’s crucial to seek legal advice as soon as you suspect malpractice to ensure you don’t miss the deadline.
Given the strict deadlines, it’s essential to act promptly if you believe you have a malpractice claim. Consulting with a knowledgeable legal malpractice attorney in Texas will help you understand your rights and ensure your case is filed within the required timeframe. Taking swift action can make a significant difference in the outcome of your claim and your ability to seek compensation for the damages you’ve suffered.
How to find a lawyer to sue another lawyer: 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.
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?