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Lawyer Malpractice Basics FAQ


My lawyer seems to have stopped working on my case. Is this malpractice?

The longer your attorney ignores you and your case, the more likely it is to amount to malpractice. You must act quickly to see that your case is properly handled and get another lawyer if necessary. Writing or faxing a letter expressing your concerns and asking for a meeting is a good first step.

My case was thrown out of court because my lawyer did no work. Is this grounds to sue my lawyer?

Maybe. Your lawyer is responsible for whatever money you could have won had the case been properly handled. Your difficulty will be in proving not only that your lawyer mishandled the case, but that if handled correctly, you could have won and collected a judgment.

My lawyer originally said my case was worth six figures and now suggests that I settle for peanuts. Can I sue the lawyer for the difference?

No. Your lawyer may have given you an inflated estimate of the value of your case to encourage you to hire her. Get your file from your lawyer and get a second opinion on your case. If another reputable lawyer believes you are being advised to settle for too little, consider changing lawyers.

Can I sue my lawyer for settling my case without my authorization?

Yes, but you would have to prove that the settlement your lawyer entered into was for less than your case was worth.

 
Big Lawyer Bills

If you receive an unexpectedly large bill, your lawyer may have overcharged you. In this situation, you have six options:

  • You can pay the entire bill and vow not to go near that attorney again.

  • You can pay the part of the bill you think is reasonable with a letter explaining why you are refusing to pay the rest.

  • You can refuse to pay any of the bill until the lawyer agrees to accept less as full payment.

  • In most states and situations, you can request fee arbitration, usually with a panel made up of local lawyers and perhaps one or two nonlawyers. Arbitration is a process where a neutral decision maker resolves your fee dispute. You will want to proceed only if it is nonbinding, meaning that you are free to reject the arbitrator's decision. If the arbitration is to be conducted by lawyers who may be biased against you, don't agree to a binding result -- meaning a result you aren't allowed to reject.

  • You can pay the bill and file a complaint with your state attorney disciplinary agency.

  • You can pay the bill and sue your attorney for a refund.

I saw my lawyer playing tennis with the opposing lawyer. Is this a breach of attorney ethics?

No. There is nothing ethically wrong with opposing attorneys playing tennis, bridge, golf or enjoying other common social interactions. If they talk about your case (on the tennis court or anywhere else), however, and your lawyer lets slip something that you said in confidence, that would be a clear violation of your attorney's duty to you.

Even though socializing with the opposing counsel isn't a violation of ethical rules, in the real world it can obviously make a big difference how you found out about it. If your lawyer told you he occasionally played tennis with the opposing attorney when you first discussed your case, you clearly had a chance to hire another lawyer if it bothered you. But you'll feel very differently if you head to the tennis court for a match with a good friend after being grilled by the opposing attorney at your deposition, only to run into your lawyer playing tennis with the barracuda who just tried to eat you for lunch. It would have been wise for your attorney to tell you about his social relationship with the other lawyer when you first met. Although in failing to do this your attorney hasn't breached any ethical duty to you, you may wish to change attorneys.

I'm worried that my lawyer may have misused money I paid as a retainer. What should I do?

If you seriously suspect your lawyer has misused any money he holds for you in trust, complain to your state's attorney regulatory agency right away. Although regulation of lawyers is lax in most states, complaints about stealing clients' money are almost always taken seriously, so you should get a prompt response. All states, except Maine, New Mexico and Tennessee, have funds to reimburse clients when lawyers are caught stealing.

Copyright 2006 Nolo

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