If you have ever hired a lawyer in good faith only to end up being abused, neglected, or misrepresented by your legal representative, you may have been the victim of medical malpractice. If you are not sure whether or not your lawyer has abused your professional relationship, there are a few things you should do if you feel something is not right. Don’t ignore any feelings or suspicions you may have. It is always best to be cautious instead of ignorant. Follow these steps if you feel you are the victim of legal malpractice.
If you are in doubt, don’t be afraid to ask your attorney what is going on with your situation. It would best for you to prepare a list of questions and concerns you may, so you don’t forget to cover anything. You need to find out what is happening and why. Allow your lawyer to explain his reasoning for misrepresenting your case or not taking your case seriously enough. Document everything. Don’t forget to get copies of any court filed paperwork your lawyer has that pertains to your case. If you see any discrepancies, ask for clarification.
If something still doesn’t add up, you need to figure out why. Request your file from your attorney. Unless you ask, your lawyer doesn’t have to provide you with any of his personal files regarding your case. Don’t assume that he is just going to give them to you if you don’t say something. As your lawyer, he is contractually obligated to provide you with any and all information that is relevant to your case. If your case is still active, don’t forget to request a copy of all motions, discovery and pleadings. Don’t worry about whether or not you have fished paying your lawyer. Even if you owe them money, they have to comply with your request.
Find a legal malpractice attorney. If you are still not entirely sure as to whether or not you are a victim, consult with a legal malpractice lawyer and explain your concerns. They will be able to assess what you have told them. Show them any documents you have. They will be able to tell you if your suspicions are valid or not. If it is determined that you have a case, you should get prepared for another court battle. Although your legal malpractice lawyer will be doing all of the work, you need to make sure that you are prepared nonetheless.
Before you hire another attorney, remember you need to make sure that your finances are in order to pay this professional. Depending on the details regarding your case, your new lawyer may not require any payment from you upfront. Discuss the financial details in advance and get everything in writing. Make sure you agree with all the details of you and your new legal malpractice lawyer working together before you sign anything.