Attorney Malpractice: Options Available To The Victim

2007-03-08 10:33:40

( Legal )



In resolving a problem of attorney malpractice, you don’t have to choose between a disciplinary complaint and a lawsuit – both are possible.

Malpractice suits, and sometimes a disciplinary complaint, have a statute of limitations in every state.

The above options are different to fee arbitration – by which it is possible to query the fee your lawyer demands.

If it is a question of attorney malpractice, you can lay a complaint with the state bar or file a lawsuit. This you can do in a small claims court or civil court. Whether you decide to lay a complaint or file a suit depends on whether you want monetary compensation or not. The state bar can only discipline, whereas in a malpractice case you can be awarded money for any losses you experienced because of attorney malpractice.

Your bar association can provide you with a list of rules regarding what wrongdoing by your general or medical malpractice attorney you can take action against.

Your local bar will give you information about filing a complaint.

Filing a complaint:
- Write in detail but briefly.

Include:
- All pertinent information
- Copies of documents supporting your case.

Provide the committee with:
- The best evidence
- Description of events.

Because you might not be able to do so again.

If the committee agrees to hear your complaint they will schedule a hearing, which is normally confidential. Both you and your lawyer will explain the problem from your respective points of view.

If the panel decides your lawyer is wrong, it can:
Take away the lawyers license:
- Temporarily or permanently (disbarment) – the latter is very serious and seldom used.
- For the number of months or years decided upon.

Another disciplinary option is public or private correction.

The other option is an attorney malpractice suit.
If you win, your monetary damages can include lawyer’s fees.

However, don’t consider a malpractice suit lightly – it is not easy to win. You have to prove that:
- Your lawyer’s action amounted to misconduct or negligence
- That you suffered monetary damage as a result: which means that you have to prove that he made you lose your case.

This can be done in small claims court (avoiding attorney fees) or in a civil court.

If you decide to opt for civil court, look for an attorney who is specialized in attorney malpractice to help you.

This is not easy.

You need to be sure that he doesn’t have a conflict of interests with the attorney you arte suing. You might have to look out of state because usually lawyers in the same town won’t sue each other.

Be prepared for a long, hard fight: especially if the litigation takes place in the original lawyer’s home ground, because they will be familiar with the rules and all the people involved in the litigation. They wont be happy about their professional conduct being under accusation before their peers.


All rights Reserved © Tradenet Services srl
Do not duplicate or redistribute in any form.