Can You Sue a Lawyer?


Have you had a bad experience hiring an attorney? Did your attorney fail to fulfill on his or her obligations to you? Did you lose a lawsuit because your of attorney's incompetence or negligence? You may be wondering whether it's possible to sue a lawyer. The answer is a definite maybe.

If your attorney has sorely disappointed you, lied to you, or violated an explicit agreement, a malpractice suit might be possible. However, it may not be a practical avenue to explore. This is an area of the law where even if you are technically entitled to a settlement, you may not be practically able to do what's needed to collect it. It's not just about whether you're right; it's also about how well you can play the game.

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If you want to sue your attorney, you will first want to take stock of the specific facts. What, specifically, did your attorney do (or fail to do)? Do you have adequate records to prove it? Can you name specific instances of negligence or malpractice? This will require specific knowledge of your state's legal malpractice laws. In general, though, you'll need to be able to cite things like failing to appear at a court hearing, withholding information pertinent to your case, etc.

You might also consider filing a complaint with the State Bar Association in your state. They license attorneys, and have the authority to investigate your attorney's practice. This won't do you any good when it comes to getting a settlement for damages incurred. It might, serve as a negotiating lever, though.

The real question comes down to economics. How much time, money, inconvenience and hassle will you have to endure in order to successfully sue your lawyer? How much is it worth? Generally speaking, suing an attorney is a costly process and should be considered only as a last resort.

If you have determined that a malpractice suit might be the way to go, consult an attorney who specializes in legal malpractice.


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