0
What type of law firm is used to sue an attorney for malfeasnace?
Bobbpainter
Find a lawyer who specializes in legal malpractice. There are plenty of them out there.
To win a lawsuit for legal malpractice, you will have to show that you would have won your previous case, and because of your previous attorney's failure to exercise due care, you lost.
This essentially requires a "trial-within-a-trial" - first the court must look at all the evidence and testimony from your previous case, and come to the conclusion that you should have won, essentially re-trying the case. Then, it must determine that your attorney handled the case incompetently, and that incompetence caused you to lose.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoSuing 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.
Many lawyers do not want to sue another lawyer. Usually the lawyer who sues other lawyers is in private practice, is familiar with litigation, trial work and has a broad knowledge of the law. Some serve as hearing officers or on committees dealing with ethical issues and lawyer discipline.
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.
Add your answer:
Earn +20 pts
Did the Beatles ever have lawyers from Brooklyn New York?
No, as a group they did not. John and Yoko used the services of a NYC attorney briefly but the firm was in Manhattan. The attorney could have possibly resided in Brooklyn but it is unlikey anyone would admit that in public.
What type of person uses an executive search firm?
An executive search firm is used by people who are specialised in recruitment services used to source candidates for senior, executive or other highly specialized positions in organizations.
What type of defense is used when a defense attorney claims that the defendant's actions were necessary to ensure his or her safety?
self-defense
Who pays for expert testimony during a trial?
Typically, the attorney pays the fees of the expert witness. It is the attorney's call whether an expert witness is required and the law firm probably has a number of expert witnesses on retainer who can be used as consultants. The attorney may pass this fee onto the client by increasing his or her fee. If public defenders are being used, the fee is paid by the public defender, hence the frequent reluctance to use such services as funds are limited.
What type of foundations should be used in earthquake-prone areas?
The type of foundations that should be used in earthquake-prone areas are solid foundations mainly made from concrete. These are commonly known as shear walls and tend to be firm.
What is the abbreviation for district attorney?
The DA is frequently used as a reference to the district attorney.
Is it attorney-at-law or attorney at law?
This two terms can be used at the same time though there are moments that one term is used "differently" with each other. They actually pertaining about attorney.
Can your attorney friend be your will executor?
Yes, an attorney is often used as executor. The court will often appoint an attorney if no one else is available.
When does the power of attorney become legal?
All powers of attorney take effect and can be used immediately by the attorney-in-fact unless the form used is a "springing" power of attorney. "Springing" powers of attorney only go into effect upon proof of existence of an event happening in the future after the document is executed.
What is a maritime attorney used for?
A maritime attorney is used if you happen to be injured in a country outside of the United States. If you are a US citizen and have a personal injury in another country, you want to hire a maritime attorney.
Should attorney at law be capitalized?
Yes, when it is used as a title or it precedes a person'sname or when it is used as a direct address.Examples:The legal documents are with Atty. Rino.Have you received the papers, Attorney?
How many times is stand firm used or made reference to in the ESV Bible?
13 times, and 'standing firm' is used an additional two times.
