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Yes, although the matter would likely be incompetence rather than malpractice. In the US a lawsuit can be inititated under almost any circumstances. The main factor to consider before filing suit is if there are valid grounds to file and enough substantiated evidence to prove the plaintiff's claim. The more "hard" evidence the plaintiff has the better the chance of winning any type of suit.
Wiki User
∙ 17y ago
Wiki User
∙ 15y agoYes, but proving incompetence/misconduct is often difficult especially when it relates to legal representation. Anyone considering filing a lawsuit for any reason should consider all the aspects before taking action. The first thing of course is whether or not the suit is viable and if there is a reasonable chance for the plaintiff to prevail.
Wiki User
∙ 12y agoYou can sue a lawyer for malpractice. To establish a malpractice claim, in most states you will have to show that there was an attorney-client relationship, that the attorney acted negligently, and that the attorney's negligence was the proximate cause of some harm.
To prove negligence, you will normally have to show something more than just that, in hindsight, the attorney's good faith strategies and judgments were not the best. A good example of negligence would be if the attorney missed a clear and important deadline which caused your case to be thrown out.
You can sue for negligence or fraud if it was intentional. However, if it is the opposing party's counsel who violated the Rules of Professional conduct you cannot sue for malpractice.
Wiki User
∙ 13y agoYes. Typically there are three instances in which you can sue an attorney for malpractice: negligence, breach of fiducuary duty, breach of contract. And like any lawsuit you need to prove the elements of your claim in order to prevail which requires a showing of duty, breach, causation, and damages.
Wiki User
∙ 12y agoA defense lawyer can sue for malpractice if the subject is breaking the code and conduct of of proper business ettiquette. If the company or individual is in the wrong a malpractice suit can be sought.
Wiki User
∙ 12y agoNo.
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Why do attorneys need lawyer malpractice insurance?
Attorneys require lawyer malpractice insurance to protect them from lawsuits enacted by their clients. If a lawyer does what a client deems to be an insufficient or substandard job, or feels that the lawyer did not represent them properly, the client has the right to sue the lawyer. Because of this, lawyers often invest in malpractice insurance to protect themselves in case a client wishes to enact a lawsuit against them and their work.
Do I need to get a lawyer to sue my lawyer for taking so long with my Avandia case since I have been waiting since 2007 and been approved since 2009 and even the govt got paid b4 me?
It is advisable to consult with a lawyer to assess the legal options available to you in suing your current lawyer for the delays in your Avandia case. A lawyer can help you navigate the process, determine if there are grounds for a lawsuit, and guide you through the necessary steps to seek appropriate compensation for the delays you have experienced.
What type of lawyer is needed to sue a clinic for breach of privacy?
A very good one. Search for one that specializes in malpractice.
Who was Melissa dating in can you sue your parents for malpractice?
In the book can you sue your parents for malpractice Melissa was dating mike
In the case of malpractice or wrong information given by a doctor who treated you what kind of lawyer can help?
malpractice lawyer
Can you sue a doctor for not telling you that you will have a miscarriage. After seeing the ultrasound results and never told you about it.?
If you have some sort of proof, possibly. This is a question for a medical malpractice lawyer.
Where can you find a lawyer who can analyze the 18 drugs given to your husband and tell you how he died after 24 hours in the hospital?
You will need to find a malpractice lawyer who can sue a doctor for drugs given in the hospital. The lawyer will ask for an autopsy to be performed on the deceased.
How do you sue an attorney?
A lawyer malpractice case starts with a client unhappy with the results. The first step in analyzing whether legal malpractice has occurred is for a lawyer to learn the reason for the attorney malpractice. The analysis of how the bad result occurred requires a review of the client's entire file. That usually requires the client to retrieve his or her file from the lawyer. It also requires that an expert lawyer consult on the standard of care applicable to your matter. Why is this important? Because most cases of legal malpractice require you to prove that had the lawyer not been negligent your results would have been better. In most cases an expert lawyer is hired to testify about the standard of care, without which you cannot prove lawyer negligence. The standard of care is what a reasonable lawyer should do under the circumstances of the representation. Basically, it means a lawyer should be competent, diligent, and loyal. A lawyer may be disloyal or act with a conflict of interest. These acts of an attorney are known as breach of fiduciary duty. This type of legal malpractice can cause you financial harm or damages. Usually the damages are pecuniary or economic only. Lawyer malpractice cases usually do not provide for compensation damages for stress, pain and suffering. If your case for malpractice involves an underlying case for bodily injury and pain and suffering is a component for that lost claim, then you may sue to obtain those lost damages. In some circumstances a lawyer may be liable to non-clients. In Arizona a claim for attorney malpractice based on negligence and breach of fiduciary duty must be filed within 2 years of you learning that your financial damages were caused by lawyer negligence or breach of fiduciary duty. Check with a lawyer in your state about the Statute of Limitations applicable to lawyer malpractice Suing a lawyer requires both knowledge of the substantive area of the law involving the malpractice and knowledge of how to pursue a claim for lawyer malpractice.
Can you sue a lawyer in Maryland for malpractice under consumer protection laws?
You can just about anybody for anything these days... its just a matter of whether you win or lose the case.
Can a person who was told he had lung cancer and had surgery sue if there actually was no cancer just a false positive from the biopsy?
Maybe. Talk to a lawyer who specializes in medical malpractice.
Can you sue a bank for professional malpractice?
No, but you might be able to sue a banker.
Aside from lawyers who can be sued for malpractice?
Doctors, accountants, architects, engineers, and other professionals who provide services can be sued for malpractice if they fail to meet the standard of care expected in their field, resulting in harm to their clients or patients.
