Can I Sue My Disability Lawyer? When and How to Sue Your Disability Lawyer

If you’re unhappy with how your disability lawyer handled your case, you might be wondering if you can sue them.

In this article, we’ll discuss the different grounds for suing a disability lawyer, the evidence you’ll need to support your claim, and some alternatives to filing a lawsuit.

Can I sue my disability lawyer?
To sue your disability lawyer, you will need to gather evidence to support your claim. [Photo: Bogin, Munns, & Munns, P.A.] 

Can I Sue My Disability Lawyer?

If you are unhappy with the way your disability lawyer handled your case, you may be wondering if you can sue them.

The short answer is yes, you may be able to sue your disability lawyer, but it depends on the specific facts of your case.

Grounds for a Lawsuit

You might sue your disability lawyer on various legal grounds. The most common ones include:

Legal Malpractice

Legal malpractice stands as the primary ground for a lawsuit against a disability lawyer.

It happens when a lawyer fails to provide competent legal representation, leading to harm for the client. To establish legal malpractice, you need to demonstrate that:

  • Your lawyer owed you a duty of care.
  • Your lawyer breached that duty of care by failing to meet the standard of care for a lawyer in your jurisdiction.
  • The breach of duty caused you actual damages.

Breach of Contract

A breach of contract occurs when your lawyer violates the terms of your agreement.

For instance, if your lawyer promised to keep you informed about your case and failed to do so, you may have a breach of contract claim.

Fraud or Misrepresentation

Fraud or misrepresentation happens when your lawyer lies to you or deceives you.

For example, if your lawyer tells you that you have a strong case when they know you do not, you may have a fraud or misrepresentation claim.

Evidence Needed to Support Your Claim

An image illustration: Can I Sue My Disability Lawyer?
In cases of contract breach, the bar association may investigate your complaint and take disciplinary action against your lawyer. [Photo: Pershing Square Law Firm]

To sue your disability lawyer, you will need to gather evidence to support your claim. This may include:

  • A copy of your retainer agreement with your lawyer.
  • Communications you had with your lawyer, such as emails and letters.
  • Medical records and other evidence that supports your disability claim.
  • Evidence that your lawyer made mistakes or failed to take necessary steps in your case.
  • Expert testimony from another lawyer who can testify that your lawyer’s conduct fell below the standard of care.

Can I Sue My Disability Lawyer? Additional Considerations

Before you proceed with suing your disability lawyer, consider the following:

Statute of Limitations

Filing lawsuits, including legal malpractice cases, is subject to a time limit known as the statute of limitations.

This limit varies by state, so consulting with a lawyer is crucial to determine the deadline for filing your lawsuit.

Cost of Litigation

Suing your lawyer comes with expenses. You’ll be responsible for legal fees and other costs, including court expenses and fees for expert witnesses.

Emotional Toll

Legal action against your lawyer can be emotionally draining. Be prepared for the possibility of a prolonged and stressful legal battle.

Alternatives to Filing a Lawsuit

Consider alternatives before resorting to a lawsuit against your disability lawyer. These alternatives include:

Mediation

Engage in mediation, a process where a neutral third party facilitates a settlement between you and your lawyer.

Arbitration

Opt for arbitration, a process similar to mediation but binding. If you and your lawyer agree to arbitration, you’ll be obligated to abide by the arbitrator’s decision.

Filing a Complaint with the State Bar Association

If you suspect your lawyer breached professional conduct rules, file a complaint with the state bar association.

The bar association may investigate your complaint and take disciplinary action against your lawyer.

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