Do you think your lawyer screwed up your case? Here are answers to some of the questions you may have about what to do next.

What's Below:

I've lost confidence in my lawyer. Can I fire him?
I fired my lawyer, but I need my file. How do I get it?
I'm pretty sure my lawyer screwed up my case. Can I sue her for malpractice?
My lawyer seems to have stopped working on my case. Is this malpractice?
My case was thrown out of court because my lawyer did no work. Is this grounds to sue my lawyer?
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?
Can I sue my lawyer for settling my case without my authorization?
I saw my lawyer playing tennis with the opposing lawyer. Is this a breach of attorney ethics?
I'm worried that my lawyer may have misused money I paid as a retainer. What should I do?

I've lost confidence in my lawyer. Can I fire him?

You have the right to end a relationship with a lawyer at any time. But unless your lawyer is truly awful, it's not wise to fire him until you have another lawyer lined up or feel that you can handle the case yourself.

I fired my lawyer, but I need my file. How do I get it?

Ask, or sign an authorization allowing any new attorney to get your file. Even if you have a fee dispute with your former lawyer or you simply have not paid him, you are entitled to your file. If you have decided to represent yourself, demand that the lawyer turn your file over to you. If the lawyer refuses, contact your state's bar association for help.

I'm pretty sure my lawyer screwed up my case. Can I sue her for malpractice?

Unfortunately, it is very hard to win a malpractice case. Malpractice means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances.

To win a malpractice case against an attorney, you must prove four basic things:

• duty -- that the attorney owed you a duty to act properly

• breach -- that the attorney breached the duty, was negligent, made a mistake or did not do what she agreed to do

• causation -- that this conduct caused you damages, and

• damages -- that you suffered financial losses as a result.

Causation may be your biggest hurdle. To win a malpractice case, you must first prove the malpractice action against your attorney. Then you first must show that you would have won the underlying case that the lawyer mishandled. (This second part is not required in Ohio.) Finally, you will have to show that if you had won the underlying case, you would have been able to collect from the defendant. For example, let's say you were hit by a car when you were walking across the street, and you hired a lawyer who didn't file the lawsuit on time. You sue for malpractice and can easily prove the driver's liability. To win the malpractice case against your lawyer, however, you'd also have to show that the driver had money or insurance. If you can't show that the driver had assets which could have been used to pay the judgment, you won't win your malpractice case, even though the lawyer clearly blew it and the driver was clearly at fault.