When your lawyer does you wrong, it can be very hard to decide what to do next. An attorney should represent all that is just and right in the legal system. We all know it does not quite work out that way (most of the time), so there has to be a backup plan.
When legal malpractice occurs, an attorney does something to intentionally harm their client or something blatantly negligent. Depending on the wrongdoing, clients have the ability to file a civil suit against their attorney. Sometimes criminal charges will also apply.
Take a moment to read through a quick evaluation of a few step you can take if your attorney does you wrong.
Understand the stipulations of malpractice
Before you start filing malpractice suits, it makes sense that you should do a bit of research. Make sure you fully understand the scope of the accusations. In order for malpractice to apply, your attorney must have failed to provide you adequate legal representation.
That failure must have been the root cause for injury to you in some way, whether it be financial, legal, or personal. Here are a few examples of such behavior.
- Missing files or a failure to file the proper documentations
- Stole client trust account money
- Made such terrible clerical errors that your claim failed or was dismissed
- Made such terrible errors that you spend undue time incarcerated
- Settled without permission to do so
- Failed to inform you of a known conflict of interest
Hire a legal malpractice attorney
Winning a legal malpractice case is not easy. You will need a knowledgeable professional attorney to guide the way to victory. It may be hard to trust another lawyer, but the process of reparation, in this case, is very complicated.
It is not recommended that you try to do it on your own. Try finding a lawyer who will work for you without requiring a retainer fee. When your attorney works on a contingency, there are no charges until the case is completed.
The burden of evidence lies in your hands
As the client who was done wrong, the burden of providing evidence that proves your claim lies in your hands. You have to prove, in a court of law, that your former attorney broke your contract.
For that, you have to show that there was an attorney-client relationship legally established in the first place. Here are a few documents that will help you to prove your claim in court.
- A copy of your initial contract with the attorney in question
- Any bills or invoices charged to you from the attorney or their office
- Copies of any correspondence between you and your former attorney
- Evidence of payments to the firm or individual