Whenever an attorney fails to meet the standards expected of their profession, their clients could take legal action against them for what is called “legal negligence.” If you believe that your lawyer acted unethically, you should consider filing a complaint with the State Bar Association. You can complete an online complaint form or download a PDF complaint form from the State Bar Association website. You can also call the State Bar Association at 800-843-9053 (in California) or 213-765-1200 (outside of California) to talk about the complaint process. This usually occurs when the lawyer overcharges the client or charges the client an amount that was not agreed in the original contract.
Incitement or conspiracy An attorney can also be held responsible if he helps or helps his clients commit unlawful or criminal conduct against third parties. Negligent misrepresentation when an attorney mistakenly says something false instead of deliberately saying it, and the client has relied on that falsehood in a way that hurts them. Proving a case of malpractice requires proving more than just the fact that your lawyer didn't do what he should and that you lost. your case.
Fraud or Fraudulent Induction Every time a lawyer deliberately misrepresents something and the client or non-client is harmed in some way by relying on the falsehood, the lawyer has committed a crime by committing fraud against his client or, sometimes, even against people who are not clients. Breach of Fiduciary Duty Every time an attorney breaches any of the various fiduciary obligations owed to a client, such as putting his interests before those of the client or putting the interests of another client before those of the client, the lawyer fails to meet the standard of conduct of practicing lawyers and has committed a crime by breaching the fiduciary duty owed to his client. Like any professional malpractice, legal negligence occurs when an attorney's performance falls below the level of care expected of an attorney with similar capacity and training. Breach of contract occurs when a lawyer fails to comply with any of the terms of the contract between him and his client and that breach causes harm to the client.
The client must also show that the lawyer could anticipate that their conduct would cause financial harm to the client. For example, an attorney cannot help a client steal money from a third party or help a client to breach their fiduciary obligations to a third party. Unlawful Conduct First, the lawyer must have committed an act that was wrongful or, as is often said, “did not meet the standard of diligence”. However, these claims are often more difficult because of certain doctrines that protect lawyers, such as the doctrine of attorney immunity.
Theft or conversion An attorney who bills a client for fees that have not been incurred or accepts payment for a settlement that belongs to the client has committed a crime by committing theft or conversion. If the lawyer did something illegal, such as stealing a client's money, it can be safely said that this conduct would not meet standards of care. Again, experts are often called upon to explain to the jury what the “acceptable standard of conduct or level of practice” is and whether or not the lawyer breached one of his fiduciary obligations. Violations of the Texas Deceptive Business Practices Act An attorney may be liable under the Texas Deceptive Business Practices Act if the client is considered a “consumer of legal services” (generally occurs if the client is an individual and not a company) and the lawyer makes an express misrepresentation of a material fact that cannot be qualified as advice, judgment or opinion or participates in a “disproportionate action” that cannot be qualified as advice, judgment or opinion.
