If you believe that your specific case has grounds for a lawsuit, you can begin the process of filing a breach of contract claim against your former attorney. Wondering how to sue for breach of contract? Here are some steps to follow.
1. Gather evidence
The contract between you and your attorney is the most crucial piece of evidence in your case. If you do not have your own copy of the contract, ask your attorney for one. If your contract was a verbal agreement, collect as much information as you can about that agreement including the day the agreement was made and other specifications that can help you.
Next, locate which portion or portions of the contract were breached. For example, if your contract listed that a specific attorney would handle your case, but the law firm put a younger, less experienced attorney on the job, this would be a direct violation of their contractual obligation to you. Or in terms of expenses, if the attorney charges fees or deducts expenses not contractually agreed to, you may have grounds to sue them.
Having the necessary evidence ready will give a legal malpractice attorney the tools necessary to build your case.
2. Contact a legal malpractice attorney
We understand that the idea of hiring another attorney in this situation can seem frustrating – but believe us, if you are going to sue an attorney for malpractice, you do not want to go up against them alone. The minute you suspect that your former attorney has violated your contract, contact a legal malpractice lawyer that you can trust. DO NOT just hire any attorney that you see on Google or television…do your research and find a trustworthy lawyer that is Board-Certified in legal malpractice. You should only consider hiring a lawyer who specializes in legal malpractice and will be able to handle your case with the expertise needed.
3. Your lawyer will file your breach of contract claim
Once you have found the right legal malpractice lawyer to represent you, you will meet with them to go over the specifics of your case. Once they have decided that you indeed have grounds to file a claim, they will move forward with your breach of contract lawsuit or other applicable legal malpractice claims.
An important note to remember is that the statute of limitations in the state of Texas for breach of contract is four years after the breach occurs. The minute you notice your attorney has violated your contract, contact a legal malpractice lawyer immediately. However, be aware that many claims that look like Breach of Contract claims, may actually and legally be considered “legal malpractice” claims, which are “tort” based and therefore only have a 2 YEAR STATUTE OF LIMITATIONS. This is why it is critical to contact the attorneys at Sears Crawford immediately upon believing that you have any claim against your attorney, so you can be timely and properly represented.