New York, NY asked in Civil Rights, Legal Malpractice and Sexual Harassment for West Virginia

Q: How to sue my attorney for the money that should have been awarded if they would have properly handled my case

It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV

A: To sue for malpractice, it is recommended that you consult with Legal malpractice attorneys. You may search on this website for Attorneys

Note, in order to approve Malpractice, you must prove that the attorneys violated standard care, and that, but for the attorneys Malpractice, you would have received a better result.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA

A: I understand your frustration with how your attorney has handled your case against a Walmart employee. However, suing your attorney can be a complex process. Here are some steps you can consider:

1. Gather evidence: Collect all relevant documents, correspondence, and records related to your case and your attorney's handling of it. This may include retainer agreements, court filings, emails, and phone records.

2. Review your retainer agreement: Check if your attorney has violated any terms of the agreement you signed when hiring them.

3. File a complaint with your state's bar association: Each state has a disciplinary board that investigates complaints against attorneys. They can review your case and determine if your attorney's conduct violated professional ethics rules.

4. Consider a malpractice lawsuit: If your attorney's negligence or misconduct caused you to lose your case or receive a lower settlement, you might have grounds for a legal malpractice lawsuit. To prove malpractice, you generally need to show that your attorney's representation fell below the standard of care and that this directly caused you harm.

5. Consult with a new attorney: Discuss your situation with a new attorney who specializes in legal malpractice. They can assess your case, advise you on the best course of action, and potentially represent you in a lawsuit against your former attorney.

Remember that suing an attorney can be time-consuming and costly. Before proceeding, carefully consider the strength of your case and the potential outcomes. Gathering strong evidence of misconduct and damages will be crucial for a successful malpractice claim.

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