Full Description

Are you dealing with malpractice, negligence, or breach of contract by your lawyer?
Know your rights and legal options against your attorney.

Lawyers can fail their clients in many ways. You may feel that you have been wronged by your lawyer, but do not know if you have a valid legal claim. You may want to take legal action, but do not know how to begin the process. Resolving disputes with a lawyer will require you to be well-informed and prepared to act. Among other things, Attorney Responsibilities and Client Rights will help you decide:

--if your complaint against your attorney will be accepted in court
--whether it is wise to pursue further action against your lawyer
--which legal strategy—litigation, arbitration, or mediation—is likely to bring you the most beneficial result

Armed with this information, you will be equipped to make informed decisions about steps you can take to assert your rights and make your claim.

This book explains:

--factors in proving malpractice
--legal definition of negligence
--direct damages, both financial and emotional
--dual representation and other conflicts of interest
--contractual obligations and breach of contract
--specific legal rights your attorney may have violated
--ineffective assistance of council claims
--recovering funds for financial misconduct and excessive fees
--attorney standards of conduct
--filing lawsuits against attorneys
--grievance procedures

Table of Contents

Introduction -

Chapter 1: Marketplace
Negligence
Standards of Conduct
Liability to Third Parties
Use Of Ethical Rules in Malpractice Suits
Direct Damages
Pain and Suffering/Emotional Distress Damages
Negligence in Specific Areas Of Law

Chapter 2: Breaches of Contract-
Legal Definition of A Contract
Contract Process
Contracting With Your Lawyer
How A Contract Is Breached
Remedies For Breach of Contract

Chapter 3: Conflicts of Interest -
Definition of Conflict Of Interest
Dual Representation
Successive Representation
Conflicting Business Interests
Personal Interests
Sexual Relationships with Clients
When the Lawyer Becomes A Witness
Waiver of Conflict

Chapter 4: Ineffective Assistance of Counsel -
History of The Supreme Court’s Interpretation
Determining Effectiveness
Incompetence
Prejudice
Proving Ineffectiveness
Recognizing Ineffective Assistance of Counsel

Chapter 5: Financial Misconduct -
Types of Fees Lawyers Charge
Validity of Nonrefundable Retainers
Excessive Fees
Sharing Fees with Nonlawyers
Preserving Client Funds
Fee Dispute Resolution

Chapter 6: Lawsuits
Where to File
Small Claims Court
General Trial Court
Checklist for Determining the Appropriate Court

Chapter 7: Ethical Violations -
Lawyer Regulation
Sanctions
Model Code of Professional Responsibility
Model Rules of Professional Conduct
Examples of Ethical Violations

Chapter 8: Alternatives To Lawsuits -
Settlement
Mediation
Arbitration

Chapter 9: Deciding What to do -

Glossary -

Appendix A: Attorney Disciplinary Agencies

Appendix B: Client Security Funds -

Appendix C: Code of Professional Responsibility -

Appendix D: Rules of Professional Conduct

Appendix E: Statutes Of Limitations to Sue For Malpractice

Index

About the Author

Excerpt

Editorial Reviews

Customer Reviews

Customer Reviews: