Can you sue a legal representative for malpractice if he is not your attorney?
I had an attorney sit and negotiate with me to settle the travel case then went a team leader to court when I thought we were settling out of court. I did not have an attorney, foolish me thought it be all worked out.
Answers:
Yes, if that lawyer's conduct violated his fiduciary duty to you.
****Fiduciary duty is a responbility to protect and/or represent you client at the highest plane. Attorney's must be ever vigilent when representing their client's that no harm comes to them via the legal process through any mistakes. Stated simply.... zilch mistakes that put your client at risk. Source(s): attorney
What you just described isn't malpractice. If you did not have a signed settlement agreement, the other attorney be well within adjectives bounds of legal ethics by file a complaint. Often times a party will file a lawsuit merely to get some leverage to use in the settlement. If you try to sue him, you will lose.
Next time, get hold of a lawyer.
No. The basis on which an attorney is sued would be contractual. If you have no contractual relationship next to the attorney (privity of contract) you can't sue him.
You can sue anyone for any reason. Just because you sue doesn't mean you will win. You may come out of it owing him money. Malpractice is solely for a professional contracted for you or by you.
You're one of those associates who really needs to stay out of trouble but in the stingy time, Do Not Breed!
No...if he feels that it(negotiations) did not reach a standard conclusion it is his right to go to court to get a remedy.
Not in the mode you describe. If you thought you had a deal, consequently perhaps you did. There are ways in which to bring that to the attention of the court and hold the judge decide if you have a deal or not. There is a defense called "conformity and satisfaction," meaning that you own settled the lawsuit.
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Answers:
Yes, if that lawyer's conduct violated his fiduciary duty to you.
****Fiduciary duty is a responbility to protect and/or represent you client at the highest plane. Attorney's must be ever vigilent when representing their client's that no harm comes to them via the legal process through any mistakes. Stated simply.... zilch mistakes that put your client at risk. Source(s): attorney
What you just described isn't malpractice. If you did not have a signed settlement agreement, the other attorney be well within adjectives bounds of legal ethics by file a complaint. Often times a party will file a lawsuit merely to get some leverage to use in the settlement. If you try to sue him, you will lose.
Next time, get hold of a lawyer.
No. The basis on which an attorney is sued would be contractual. If you have no contractual relationship next to the attorney (privity of contract) you can't sue him.
You can sue anyone for any reason. Just because you sue doesn't mean you will win. You may come out of it owing him money. Malpractice is solely for a professional contracted for you or by you.
You're one of those associates who really needs to stay out of trouble but in the stingy time, Do Not Breed!
No...if he feels that it(negotiations) did not reach a standard conclusion it is his right to go to court to get a remedy.
Not in the mode you describe. If you thought you had a deal, consequently perhaps you did. There are ways in which to bring that to the attention of the court and hold the judge decide if you have a deal or not. There is a defense called "conformity and satisfaction," meaning that you own settled the lawsuit.
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