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Instances in which you might consider suing an attorney

Many people think that if their attorney doesn't do things up to par that they don't have any way to rectify the situation. This is where many people are wrong -- legal malpractice is a very serious issue that does have legal ramifications.

If you think that your attorney didn't handle your case properly, you should explore the options that you have for getting things handled. Here are a few examples of cases that might lead to legal malpractice claims:

Settlements versus trials

Attorneys can't accept a settlement for a case unless the client has agreed to it. When there is a settlement on the table, the attorney should consult the client to determine what is acceptable. An attorney who accepts a settlement without consulting the client and getting approval could have breached fiduciary duty. The attorney should prepare for trial until the client accepts a settlement offer.

Relationships among attorneys matter

It is common for attorneys on opposing sides to be friends since the law community is fairly tightknit. An attorney who accepts a case has a duty to the client, and many attorneys will abide by this duty. The issue with the relationship between attorneys becomes a problem when opposing attorneys are more than friends. Your attorney shouldn't have a familial relationship with the opposing attorney. If you find that your case isn't being handled properly because of a relationship between your attorney and the other attorney, you should evaluate the possibility of a legal malpractice claim.

Billing matters

The financial matters of dealing with your attorney and case are often hard to sort through. When you hire an attorney, you agree to a specific schedule of fees. Make sure you review this to ensure that you fully understand what you are agreeing to pay and check your bills to make sure that you aren't being erroneously billed. Even if the bills are reflective of the fee schedule, you should still make sure that the number of hours you are being billed for seems accurate. You might be able to file a legal malpractice claim if the lawyer is improperly billing you or over-billing you.

Outcome of the case

Another financial issue that can occur has to do with the amount of money you ultimately receive for a case. When you hire an attorney, there are a lot of figures thrown around. Ultimately, these are only an educated guess about your case. Your case might settle for less than what was projected. Unless there is an issue with the lawyer acting in an incompetent manner, you might not have any recourse in these matters.

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The Gooch Firm
209 South Main Street
Wauconda, IL 60084

Phone: 847-865-4915
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Fax: 847-526-0603
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