Lawyers can fail their clients in many ways. You may feel that you have been wronged by your lawyer, but do not know if you have a valid legal claim. You may want to take legal action, but do not know how to begin the process. Resolving disputes with a lawyer will require you to be well-informed and prepared to act. Among other things, Attorney Responsibilities and Client Rights will help you decide:
-if your complaint against your attorney will be accepted in court
-whether it is wise to pursue further action against your lawyer
-which legal strategy-litigation, arbitration, or mediation-is likely to bring you the most beneficial result
Armed with this information, you will be equipped to make informed decisions about steps you can take to assert your rights and make your claim.
This book explains:
-factors in proving malpractice
-legal definition of negligence
-direct damages, both financial and emotional
-dual representation and other conflicts of interest
-contractual obligations and breach of contract
-specific legal rights your attorney may have violated
-ineffective assistance of council claims
-recovering funds for financial misconduct and excessive fees
-attorney standards of conduct
-filing lawsuits against attorneys
-grievance procedures
Chapter 1: Marketplace Negligence Standards of Conduct Liability to Third Parties Use Of Ethical Rules in Malpractice Suits Direct Damages Pain and Suffering/Emotional Distress Damages Negligence in Specific Areas Of Law
Chapter 2: Breaches of Contract-
Legal Definition of A Contract Contract Process Contracting With Your Lawyer How A Contract Is Breached Remedies For Breach of Contract
Chapter 3: Conflicts of Interest -
Definition of Conflict Of Interest Dual Representation Successive Representation Conflicting Business Interests Personal Interests Sexual Relationships with Clients When the Lawyer Becomes A Witness Waiver of Conflict
Chapter 4: Ineffective Assistance of Counsel -
History of The Supreme Court's Interpretation Determining Effectiveness Incompetence Prejudice Proving Ineffectiveness Recognizing Ineffective Assistance of Counsel
Chapter 5: Financial Misconduct -
Types of Fees Lawyers Charge Validity of Nonrefundable Retainers Excessive Fees Sharing Fees with Nonlawyers Preserving Client Funds Fee Dispute Resolution
Chapter 6: Lawsuits Where to File Small Claims Court General Trial Court Checklist for Determining the Appropriate Court
Chapter 7: Ethical Violations -
Lawyer Regulation Sanctions Model Code of Professional Responsibility Model Rules of Professional Conduct Examples of Ethical Violations
Chapter 8: Alternatives To Lawsuits -
Settlement Mediation Arbitration
Chapter 9: Deciding What to do -
Glossary -
Appendix A: Attorney Disciplinary Agencies
Appendix B: Client Security Funds -
Appendix C: Code of Professional Responsibility -
Appendix D: Rules of Professional Conduct
Appendix E: Statutes Of Limitations to Sue For Malpractice
Index
About the Author
Suzan Herskowitz Singer, born and raised in The Bronx, New York, received her B.A. from the University of Texas at Arlington and her J. D. from Texas Tech University School of Law. She has also authored Wills, Trusts and Estates and Legal Research Made Easy, in its 3rd edition and published by Sourcebooks. She is licensed to practice law in Virginia, West Virginia, Florida and Texas. She currently practices land use development law in Virginia.
Overview
Know your rights and legal options against your attorney.
Lawyers can fail their clients in many ways. You may feel that you have been wronged by your lawyer, but do not know if you have a valid legal claim. You may want to take legal action, but do not know how to begin the process. Resolving disputes with a lawyer will require you to be well-informed and ...