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Can you sue?

Been the victim of Legal Malpractice? Discuss it here.

Can you sue?

Postby bellden » Tue Apr 05, 2011 4:10 am

an attorney for legal malpractice? Do attorney carry malpractice insurance like doctors do? If I were to be successful against the attorney would it affect his license?
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Can you sue?

Postby gervaso81 » Tue Apr 05, 2011 4:27 am

Hello Katie. You can sue, but not for malpractice. For the legal profession, the charge would be malfeasance.

Your first step would be to contact the State Bar Association and list what happened and why. They will conduct their own investigation. If it is found to have grounds, the lawyer can be disbarred, which will give your subsequent lawsuit much more validity.

Best of luck and I hope you can find this useful
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Can you sue?

Postby jung-hwa75 » Tue Apr 05, 2011 4:30 am

Well I imagine that his license would be taken away if the claim was found legit.
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Can you sue?

Postby dubh35 » Tue Apr 05, 2011 4:32 am

It would affect his license but it depends on what you are suing him for. If its cuz he didnt win your case, theres really nothing you can do about that. Look up your states laws on lawyers and see if they match your situation
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Can you sue?

Postby kenway » Tue Apr 05, 2011 4:34 am

It would affect his license but it depends on what you are suing him for. If its cuz he didnt win your case, theres really nothing you can do about that. Look up your states laws on lawyers and see if they match your situation
there are two things you can do to an attorney, you can file a malpractice suit or you can file a grievance against them

a malpractice suit is extremely difficult to prove and you must have suffered damages to recover...many attorneys don't carry insurance and are smart enough to hide their expensive assets so even if you did win you wouldn't acquire much

a grievance is merely asking the state bar to look into your complaint and the bar will investigate your claim....a grievance is also extremely hard to prove and you won't win any money out of it but the attorney could get punished with suspension or removal of license
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Can you sue?

Postby egan » Tue Apr 05, 2011 4:36 am

If you can prove in court that he purposefully misrepresented you, yes, but good luck. If your sueing because he lost your case, no.
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Can you sue?

Postby zackary42 » Tue Apr 05, 2011 4:49 am

Yes, you can sue a lawyer for malpractice. The legal term is malfeasance. However you will have a problem here...

1. Lawyers do not like to sue other lawyers. It is just bad business and you never know when you gonna run into him/her again and need there expertise or help.

2. These cases are extremely difficult to prove. In 20 plus years, I have never taken a case against a lawyer for "bad lawyering".

If the offense was serious enough, the lawyer could be disbarred.

Judobigdog
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