QUESTION
How do I go about suing a lawyer for malpractice?
Asked on Apr 22nd, 2012 on Automobile Accidents - Illinois
More details to this question:
In 11/2010,I was involved(victim) in an car accident. An lawyer was recommended to me by a friend. We did not have a signed contract, but we had a verbal agreement and he agreed to take the case. i have documentation that will support that. He has never contacted me with updates, I always have to contact him. Many times he has not responded to phone calls or emails. When I do get a response, it''s always vague and pretty much the same- that he is attempting to settle the matter out of court short of having to file a lawsuit. I have always been suspicious that he is not acting in my best interests. Recently, he said that we would have an offer in 45 days. Well, I waited the 45 days, he did not contact me, I contacted him and he said the insurance company was applying delay tactics. Did some digging on my own and discovered that he has not even spoken with the insurance co. since Jan. and he has not returned any of their calls. So basically, he has been stringing me along for over a year.
1 ANSWER
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John Bisnar
Sounds like what you need it is a really good car accident attorney rather than to start a malpractice case.
Changing attorneys is easy. Just find a local personal injury law firm with a great reputation (see button in upper left hand corner of this page "Find a Lawyer" to start looking) handling traffic collision cases that insists on a signed written contract. The new attorney will take care of the entire change of attorney process and you should be on your way.
Before you can successfully sue an attorney for malpractice, the attorney would have had to do something or failed to do something that cost you financial loss and that the attorney's actions "fell below the standard of care". At this point, it is not clear that you have lost anything financially. You may have been delayed in recovering what you are due. However, your accident claim is probably in tact and unharmed. Much easier to recover what you are due from the auto insurance company than to go through the additional time and hassal of a malpractice case, if in fact you have a winning malpractice case.
Good luck with the new attorney.
John Bisnar
BISNAR|CHASE, Personal Injury Attorneys
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800-956-0123
Answered on Apr 22nd, 2012 at 1:39 PM