Lawyer Breach of Contract

Lawyer Breach of Contract: Understanding Your Rights

When you hire a lawyer to represent you, you expect them to provide you with competent and diligent legal representation. In most cases, lawyers adhere to their professional obligations and fulfill their duties to their clients. However, there are occasions when a lawyer fails to meet their contractual obligations, leading to a breach of contract.

A breach of contract occurs when one party fails to fulfill their obligations under an agreement, causing harm to the other party. This concept applies to lawyers, just as it does to any other professional or service provider. Therefore, if your lawyer fails to meet their contractual obligations, you have the right to sue for damages.

Here are some common examples of lawyer breach of contract:

Failure to Competently Represent You: Lawyers are required to provide competent legal services to their clients. If your lawyer fails to represent you competently, for instance by showing up unprepared or failing to meet important deadlines, they may be in breach of their contract with you.

Breach of Fiduciary Duty: Lawyers have a fiduciary duty to act in their client`s best interest. This means they are required to put their clients` interests ahead of their own. Any conflict of interest that may arise should be disclosed to the client, and the lawyer should take steps to resolve it. If your lawyer fails to put your interests first, by for example revealing your confidential information, they may be in breach of their duty and their contract with you.

Failure to Disclose Fees: Lawyers are required to be transparent about their fees and billing practices. If your lawyer fails to provide you with a clear understanding of their fee structure or charges more than agreed upon without notice, they may be in breach of their contract with you.

What to Do if Your Lawyer Breaches Your Contract

If your lawyer breaches your contract, you have several options. First, you can try to resolve the issue with your lawyer directly. If this approach fails, you may file a complaint with your state`s bar association. Alternatively, you can file a lawsuit against your lawyer for damages incurred as a result of their breach of contract.

It is worth noting that choosing to sue a lawyer for breach of contract can be a complex and expensive process. Therefore, it is advisable to consult with another lawyer who specializes in legal malpractice to advise you on your options.

In conclusion, a lawyer breach of contract can have serious consequences for the client. If you feel that your lawyer has breached their contract with you, it is important to take action to protect your interests. By understanding your rights and options, you can make informed decisions on how to proceed and seek the remedy you deserve.