SUE YOUR LAWYER FOR LEGAL MALPRACTICE IN GEORGIA
Sometimes lawyers make mistakes. Others can be downright dishonest. If you believe your attorney has harmed your case, you may have a claim for legal malpractice. The elements of a legal malpractice case are (1) that you were the client of a lawyer, (2) that the lawyer was careless or professionally negligent, and (3) that the lawyer’s negligent conduct caused you financial loss or other harm.
Legal malpractice cases are valuable and are worth pursuing. If you win a legal malpractice case, your recovery could include not only your legal fees, but also the full amount of money that you would have been been awarded in the original case had you gone to trial.
ATLANTA PROFESSIONAL NEGLIGENCE ATTORNEYS
Rhein Law LLC is one-stop shop for people who have been harmed by the negligence, unresponsiveness, and dishonesty of other lawyers. Unlike most law firms, we routinely file lawsuits against lawyers and prepare expert affidavits in support of legal malpractice claims.
We are ready to take any lawyer to court, from the biggest names in Atlanta to “good-old-boy” practices in rural Georgia. We handle cases in Atlanta, Augusta, Macon, Columbus, and throughout the entire State of Georgia.
DON’T LET YOUR LAWYER GET AWAY WITH LEGAL MALPRACTICE
An attorney who commits legal malpractice not only harms the client, but also harms the legal profession. The Georgia Rules of Professional Conduct require lawyers to perform their services according to a “professional standard of care.” Most importantly, the standard requires an attorney to provide reasonable communication to the client and to perform the required services with competence and diligence. Lawsuits against attorneys help to regulate the profession of law in the public interest.
FREQUENTLY ASKED QUESTIONS
December 2019. Legal malpractice settlement in wrongful death case.
Rhein represented daughter and estate of woman who had tragically died of Steven Johnson syndrome due to nursing home neglect. The clients’ former lawyer had sued the wrong entity and failed to correct the error in time, resulting in dismissal of the clients’ case with prejudice. Rhein submitted the claim against the former lawyer’s professional liability insurance policy, resulting in a policy-limits settlement for the client.
October 2019. Legal malpractice settlement in personal injury case.
Rhein represented a woman who had suffered a serious back injury during a car accident. The client’s former lawyer failed to file a lawsuit against the responsible driver, and then withdrew from the case after trying to cover up his negligence. Rhein sued the former lawyer for legal malpractice, resulting in a confidential settlement.
September 2019. Settlement for misappropriated trust funds.
Rhein represented client who alleged that her former lawyer had stolen part of her personal injury settlement. Rhein sued the former lawyer for an equitable accounting and secured a confidential settlement.
February 2019. Trial judgement of no liability for attorneys fees.
Rhein defended owner of condominium in lawsuit for unpaid attorneys fees. The trial judge entered a verdict for the client of no liability.
January 2019. Legal malpractice settlement in wire fraud case.
Rhein represented cash home buyer who had fallen victim to a wire fraud scheme due to inadequate security procedures at closing law firm. The closing law firm knew that its email system had been hacked but failed to notify the client before criminals used the law firm’s email account to send fraudulent wiring instructions. Rhein sued the closing firm for legal malpractice, resulting in a confidential settlement.
If you have suspicions about your lawyer, there is likely a problem. Your lawyer is supposed to be someone you can trust. If you no longer feel you can trust your lawyer, you may already have a claim for legal malpractice. You should act quickly to change lawyers or get a second opinion. Warning signs of legal malpractice include:
- Not answering phone calls and emails in a reasonable time
- Refusing to provide basic information about your case
- Apparent alcohol and drug use
- Inability to account for trust funds
- Billing disputes
- Missing deadlines and court appearances
- Trying to withdraw from your case after a mistake
- Asking you to sign a waiver of malpractice liability
- Breaking promises
Rhein Law LLC is devoted to representing clients in legal malpractice cases in Georgia. Common types of legal malpractice that we see include:
- Missed statute of limitations
- Failure to respond to discovery
- Failure to appear for court
- Failure to know the law and the facts of your case
- Settling your case without your permission
- Inadequate preparation for trial
- Providing fraudulent wiring instructions
- Losing or stealing your settlement or escrow funds
- Disloyalty (conflict of interest)
- Drafting errors
- Bad advice
A lawsuit for legal malpractice is different from a bar complaint. Bar complaints are filed with the State Bar of Georgia, which is responsible for disciplining lawyers. The State Bar typically does NOT decide disputes between clients and their attorneys, and does not award damages (money) to the “winning” side. In order to recover damages for legal malpractice, you have to file a lawsuit against the lawyer in a court.
Section 9-11-9.1 of the Official Code of Georgia requires a plaintiff to file an expert affidavit (sworn statement) at the time of filing a lawsuit for legal malpractice. The affidavit must be signed by another lawyer, and must identify the factual basis for at least one negligent act or omission constituting professional negligence or legal malpractice.
Yes. We frequently represent clients in billing disputes with their attorneys. Often, the facts underlying the billing dispute will also involve a claim for legal malpractice.