How to Respond if Your Attorney's Behavior is Negligent Text Size:

There are many reasons to consider switching attorneys. Some reasons are rooted in simple personality conflicts - you and your lawyer just don't get along. But you may need to switch lawyers because you don't think your attorney is capable of acting as a quality counselor and advocate for your legal needs. In some instances, you may even believe that your attorney is being negligent, and that your lawyer's representation of you is actually causing harm or damage. In these cases, this negligent representation is referred to as "legal malpractice."

If you think your lawyer has committed malpractice, your first step should be to find and hire a new lawyer to represent you on your existing legal matter. It is no different than if you were sick. If you were unhappy with the relationship with your doctor, you would want to immediately find a new doctor who could help make you better. It is no different with your legal problems. Once you have established a working relationship with a new lawyer, and have gotten your legal issue back on track, then you should take time to consider whether you have a valid complaint against your old attorney.

Legal Malpractice Claims

Typical reasons for legal malpractice claims include:

• The lawyer missed key deadlines.
• The lawyer was unfit to practice law because of mental or physical problems.
• The lawyer failed to communicate effectively with you, didn't keep you informed as to key developments, didn't follow your instructions, or didn't obtain your consent before taking action on your legal problem.
• The lawyer shouldn't have agreed to represent you in the first place, because he lacked the experience or didn't have the time to devote to your legal problem.
• The lawyer made a substantive error on the legal work.
• The lawyer had a conflict of interest.
• The lawyer acted unprofessional, and failed to keep your legal matters confidential.
• You believe your lawyer may have overbilling you, embezzled your money or otherwise misused of your funds.

State's Attorney Disciplinary Commissions

If, upon careful consideration, you believe that you have a valid complaint against your attorney, you should contact your state's attorney disciplinary commission, which is often part of the state Supreme Court or state bar association.

Although the exact process will vary from state-to-state, some states have client-assistance programs that will attempt to resolve an attorney-client problem before escalating it to the formal disciplinary commission; but in other states you may have to file a formal complaint against the lawyer. The state disciplinary commission will then consider the facts, and determine whether the attorney has violated any rules of professional conduct and if disciplinary action is warranted. If your attorney has misappropriated funds, you may also be entitled to compensation from your state's client assistance fund, which reimburses clients whose attorneys have embezzled or misappropriated their money.

If, after going through your state's informal and formal complaint processes, you still are not satisfied with the resolution, you can consider filing a legal malpractice lawsuit against your former attorney. A lawyer who is experienced in handling legal malpractice cases can give you an idea of whether you have a valid claim and what amount of money you might win if you prove your case.