Hiring an attorney is a crucial decision that can have a significant impact on the outcome of your legal case.
You expect your attorney to represent your best interests, protect your rights, and provide you with competent and ethical legal services.
However, what if your attorney sells you out, colludes with the other side, or works against you?
How can you tell if your attorney is doing a good job or not?
And what can you do if you are a victim of legal malpractice? In this article, we will answer these questions and give you some tips on how to handle this unfortunate situation.
My Attorney Colluded with the Other Side
Collusion is a serious form of legal malpractice that involves an attorney secretly working with the opposing party or counsel to undermine or harm their own client’s case.
This can include sharing confidential information, sabotaging evidence, making false statements, or agreeing to an unfavorable settlement.
Collusion is a breach of the attorney’s fiduciary duty and loyalty to their client and can result in severe consequences for both the attorney and the client.
Signs Your Lawyer Likes You
While it is normal and desirable for an attorney to have a good rapport with their client, it is not appropriate for an attorney to develop romantic or sexual feelings for their client.
This can compromise the attorney’s professional judgment, create a conflict of interest, and violate the ethical rules of conduct. Some signs that your lawyer likes you more than they should are:
- They flirt with you or make inappropriate comments or gestures.
- They contact you frequently for non-work-related reasons or outside of normal business hours.
- They invite you to social events or personal outings that are not related to your case.
- They give you gifts or favors that are not part of their legal services.
- They touch you in a way that makes you uncomfortable or crosses the boundaries.
Signs Your Attorney Sold You Out
Sometimes, an attorney may sell you out without colluding with the other side, but simply by neglecting or mishandling your case.
This can include failing to communicate with you, missing deadlines, making errors, or acting incompetently. Some signs that your attorney sold you out are:
- They do not return your calls, emails, or messages in a timely manner or at all.
- They do not keep you informed about the progress or status of your case.
- They do not explain your legal options or rights clearly or accurately.
- They do not prepare adequately for hearings, trials, or negotiations.
- They do not follow your instructions or wishes regarding your case.
- They pressure you to accept a settlement that is not in your best interest.
My Lawyer is Working Against Me
If you paid your lawyer and he did nothing for your case, you may have a claim for breach of contract.
A contract is formed when you hire a lawyer and agree to pay them for their legal services.
The lawyer has an obligation to perform those services in accordance with the terms of the contract.
If they fail to do so, they are in breach of contract and liable for damages.
You can demand a refund of any fees paid or sue them for breach of contract.
Signs of an Incompetent Lawyer
An incompetent lawyer is one who does not have the necessary skills, knowledge, or experience to handle your case effectively.
An incompetent lawyer can make mistakes, miss opportunities, or overlook important details that can affect the outcome of your case. Some signs of an incompetent lawyer are:
- They do not have any credentials, qualifications, or references that prove their expertise or reputation.
- They do not have any experience or success in handling cases similar to yours.
- They do not have any resources, staff, or technology to support their work.
- They do not have a clear strategy, plan, or goal for your case.
- They do not research the law, the facts, or the evidence relevant to your case.
My Lawyer is Not Fighting for Me
If you feel that your lawyer is not fighting for you, it may be because they are not passionate, motivated, or confident about your case.
This can affect their performance and their ability to advocate for your best interests.
Some reasons why your lawyer may not be fighting for you are:
- They do not believe in your case or your chances of winning.
- They do not care about you or your situation.
- They do not have any personal or professional stake in the outcome of your case.
- They are overworked, stressed, or burned out.
- They are afraid of the opposing party, counsel, or judge.
How to Tell if Your Lawyer Cheating You on a Settlement
A settlement is an agreement between the parties to resolve a legal dispute without going to trial.
A settlement can be beneficial for both sides, as it can save time, money, and stress.
However, a settlement can also be unfair or unfavorable for one side, especially if their lawyer is cheating them on a settlement. Some ways to tell if your lawyer is cheating you on a settlement are:
- They do not consult with you or inform you about the settlement offer or terms.
- They pressure you to accept a settlement that is lower than what you deserve or expect.
- They do not explain the pros and cons of the settlement or the alternatives to settling.
- They do not disclose any fees, costs, or expenses that will be deducted from the settlement amount.
- They do not provide you with a written confirmation or receipt of the settlement.
Conclusion
When your attorney sells you out, it can be a devastating and frustrating experience.
You may feel betrayed, angry, or helpless.
However, you are not alone and you have options to protect yourself and your case.
In managing your legal representation, various options are available.
In managing your legal representation, various options are available.
You may confront your lawyer about concerns, terminate their services, report misconduct, or initiate legal action.
Alternatively, seek indicators of malpractice, incompetence, or dishonesty in their conduct.
Maintaining vigilance and proactive engagement ensures your lawyer acts in your best interest.