In North Carolina we have a category of crimes or infractions that are considered waivable offenses. In waivable offenses, an attorney is allowed to go to court for their client. We routinely handle waivable cases without our clients having to show up for court. In those cases we have our clients deposit money with us for us to hold in trust for them. We then pay the cost of court and any fines out of that trust money.
Whatever remains after we have paid the costs is returned to our client. It is of course an added convenience for our clients not to have to appear in court unless it is a mandatory appearance situation. We will happily answer this question for you on a case-by-case, and court date by court date basis.
Know, however, that it is not an easy task. You must prove two things:. It's not enough to show that your lawyer made a mistake -- you must show that the mistake caused you financial loss that you would not have suffered if your lawyer had handled your case properly in the first place. If you want to sue for legal malpractice, do it as quickly as possible.
A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.
There's no point in suing if the lawyer doesn't have either malpractice insurance or valuable assets from which to pay you if you win. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Grow Your Legal Practice. Meet the Editors. Here are some strategies designed to get results from a less than helpful lawyer. The Lawyer Won't Communicate This distressingly common problem doesn't have an easy solution. The Lawyer Is Dishonest or Totally Incompetent If your lawyer has actually stolen from you or acted with gross incompetence, the authorities in charge of disciplining lawyers in your state should show some interest. Getting Compensated State bar associations are primarily concerned with punishing lawyers though rarely severely , not compensating clients.
If You're Concerned About the Lawyer's Work It's often hard for a client to know whether or not a lawyer is doing a good job. Communicate If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns. Get Your File If you can't find out what has and has not been done, you need to get hold of your file. Research If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
Get a Second Opinion If you've got serious doubts about how your case is being handled, see a second attorney. Fire Your Lawyer It's your absolute right to fire your lawyer at any time for any reason.
Sue for Malpractice If you lost money because of the way your lawyer handled your case, consider suing for malpractice. You must prove two things: your lawyer messed up and. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select I agree with this answer Report. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law. US State Law. Other Databases. Marketing Solutions.
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