Can You Sue a Lawyer for Not Doing Their Job?
It’s a question prospective clients ask us all the time: “Can you sue a lawyer for not doing their job?” If you’re entrusting your well-being to an attorney, it’s only natural to wonder if they are doing their job correctly and to feel entitled to their time and attention. After all, hiring an attorney is usually done during the most stressful times in your life, so we understand that clients have high expectations.
The short answer: Yes. You can sue a lawyer for not doing their job if they have failed to meet the professional standards expected of them, and their actions (or inactions) caused you harm. This failure can allow you to sue the attorney for legal malpractice, where an attorney’s actions or inactions cause harm to their client.
While taking legal action against your previous attorney and getting justice is possible, it can be an arduous, confusing process — and one for which you will have to hire another lawyer. Preferably you would only want to hire an attorney that specializes in suing lawyers. Ross Sears, a serious and trusted legal malpractice attorney in Texas, can aid you in navigating this complex issue and help you set things right.
What is it called when a lawyer doesn’t do his job?
When a lawyer doesn’t do their job properly, it is often referred to as legal malpractice. Legal malpractice occurs when an attorney fails to provide the standard of care that a reasonably competent attorney would provide under similar circumstances. This failure is most often due to negligence but can also come from things like breach of contract, or a breach of fiduciary duty:
- Attorney negligence is a common reason for legal malpractice claims. This occurs when a lawyer fails to perform their duties competently. Examples include missing important deadlines, not adequately preparing for a case, or failing to apply the law correctly. Such negligence can severely impact the outcome of a case, causing significant harm to the client.
- Breach of contract occurs when a lawyer fails to fulfill the obligations outlined in their agreement with the client. This can include not providing the promised services or not adhering to agreed-upon terms in the contract, including fees charged. When a lawyer breaches their contract, the client may suffer financial losses or other damages.
- A breach of fiduciary duty happens when a lawyer acts in their own interest rather than the interest of their client. Lawyers have a fiduciary duty to act in the best interests of their clients, and when they fail to do so, they can be held accountable for any resulting harm.
Continue reading: Can I sue my attorney for negligence?
Is it normal to not hear from your lawyer?
It is not uncommon for clients to feel that they are not hearing from their lawyer as often as they would like. And while this is not always a sign of legal malpractice, it is crucial for attorneys to maintain regular communication with their clients. Lawyers have an obligation to keep their clients reasonably informed about the status of their cases and to promptly respond to their inquiries, and not doing so should be seen as a problem.
There are several reasons why a lawyer might not communicate frequently, such as being busy with other cases or waiting for developments in the client’s case. However, if a lawyer consistently fails to respond to calls or emails, this could be a sign of neglect.
Learn more about the steps you need to take when firing your attorney for malpractice
What is unethical for a lawyer?
Neglecting to communicate can be considered unethical behavior, if the reasons for the lack of communication involve dishonesty, breach of trust, or other conduct that involves honesty and integrity. Attorneys must provide updates and keep clients informed about significant developments in their cases. Failing to do so can harm the client’s interests and lead to a breakdown in the attorney-client relationship.
Unethical behavior by a lawyer can also include other actions, such as overcharging clients, mishandling client funds, or failing to act with competence and diligence. In the case of unethical overcharging, lawyers are expected to charge reasonable fees for their services. If a lawyer charges excessive fees without justification, this can be considered unethical behavior and may constitute a breach of their duty to the client.
These behaviors violate professional ethical standards and can be grounds for disciplinary action or legal malpractice claims. If you are experiencing communication issues with your lawyer, consider the following steps as recourse:
- Document your attempts to reach them
- Seek a second opinion about your case from another attorney
- If necessary, contact a legal malpractice attorney
Lawyer not doing their job? Contact the legal malpractice attorneys at Sears Crawford today.
Can you sue a lawyer for not doing their job? Yes. If you believe you’re the victim of legal malpractice or neglect, you need to take action to protect your rights and interests. At Sears Crawford, our experienced legal malpractice attorneys are here to help you navigate this challenging situation.
We understand that dealing with a negligent or unethical attorney can be incredibly stressful and frustrating. Our team is dedicated to holding attorneys accountable for their actions and ensuring that clients receive the justice they deserve.
Ross Sears has been suing lawyers in Texas for over 30 years, securing favorable outcomes for his clients. If you or a loved one’s previous lawyer didn’t do their job, contact us online or call us 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?