Should I File a Grievance or Sue My Lawyer in Texas?
Nothing is more frustrating than receiving substandard legal representation. The public depends on lawyers to be fully versed in the current state of the law and to be honest in their dealings with clients. Furthermore, lawyers should be careful when representing a client and meeting critical deadlines. Contact The Pierce Law if you are unhappy with the legal service you received. We can help you decide if filing a grievance or a lawsuit is in your best interest.
When to File a Grievance
Texas lawyers must abide by a code of ethics, also called Rules of Professional Responsibility. These rules cover a variety of ethical obligations, including:
- Duties of confidentiality. Your lawyer should not divulge private information without your consent. That means keeping information private and putting in place reasonable measures to protect client data.
- Lawyers should work diligently to file lawsuits or negotiate settlements. A lawyer should not let a matter languish without attention.
- Lawyers should be easy to reach, and they should respond in a timely manner. A lawyer has many responsibilities, so they cannot always drop everything at a moment’s notice to call you. However, they should be diligent in maintaining communication.
- Lawyers should provide competent representation. If they are practicing in a new area of law, they should receive extra training or reach out to other lawyers for assistance or advice. A lawyer might even need to turn down a client if they do not believe they can competently represent them.
- Duty of loyalty. A lawyer should not represent you if they have a conflict of interest or if their firm has a conflict. For example, a lawyer usually should decline a matter if they represented the other side in the same dispute.
When lawyers break these rules, the state bar can investigate them. It makes sense to file a grievance. The state will sanction a lawyer for violating ethical rules, and punishment can include fines, mandatory continuing education, or the suspension of a license.
Legal Malpractice Lawsuits
A disappointed client should also consider whether to file a lawsuit. The legal theory is legal malpractice, also called professional negligence. A lawyer who does not provide reasonable prudent legal services has been negligent.
You do not have to choose between filing a grieving and a lawsuit. You can do both. But legal malpractice lawsuits make sense when you have suffered some monetary or tangible harm.
For example, a lawyer might go past the deadline for filing a lawsuit (as spelled out in the statute of limitations) or they draft a business contract that does not protect your rights. You suffer tangible financial harm because of their negligence. We can usually file a lawsuit in these cases, although you can also file a grievance.
Contact Our Law Office for Advice on What Steps to Take
What should you do if you are unhappy with your lawyer’s representation? Call our office. We can help determine if the lawyer met the standard of competency we expect of lawyers in Texas. An experienced Houston legal malpractice lawyer is standing by.
Source:
texasbar.com/Content/NavigationMenu/ForThePublic/ProblemswithanAttorney/GrievanceEthicsInfo1/File_a_Grievance.htm