Example of a lawsuit against a lawyer for professional negligence

An example of a lawsuit against a lawyer can help you understand how to write and submit it correctly. Lawsuit against a lawyerHowever, it is important to understand that claims of this type are very complex claims that require familiarity with the relevant case law and legislation. It is very important to locate Lawyers specializing in lawsuits against lawyers Others before going to court.

Sometimes, in addition to filing a lawsuit against a lawyer, it is also worth considering filing a Police complaint against a lawyer or Filing a complaint with the Bar Association (and sometimes performing both actions simultaneously with filing the lawsuit), in order to exert maximum pressure on the lawyer who was negligent towards you, and caused you damages.

It is important to know that filing a complaint withBar Association In some cases, it can lead to the lawyer's license being revoked permanently or for a limited period of time, and this is one of the things that lawyers fear the most.

In contrast, filing a lawsuit against a lawyer generally aims to lead to financial relief: receiving financial compensation from a lawyer for the harm he caused his client.

Another thing to consider is that the case law has recognized that not every mistake constitutes professional negligence. This point highlights why it is important to consult with an experienced attorney when filing a claim. Professional negligence claims against lawyers others, especially if it is an issue of Lawyer negligence in a real estate transaction, before they rush to file a lawsuit in court.

Example of a lawsuit against a lawyer

Regarding:
The plaintiff:

שם ושם משפחה, ת"ז: ___________
___________ Street, city name 

N G D 
Defendant:

עורך דין __________, ת"ז: ________________
______________ Street, city name 
Tel: ___________; Fax: _________________

Claim

Essence of the claim: Other financial, supplier – customer 
Requested remedies: Financial compensation in the amount of 500,000 NIS. 
Court fee amount: 12,500 ש"ח (6250 ש"ח במועד זה לפי תקנה 6(א) ופרט 1 לתקנות בתי המשפט (אגרות), תשס"ז -2007).
The existence of an additional procedure: As far as the plaintiff knows, there is no further proceeding in court regarding that factual tract.

Summons

Since the plaintiff has filed this statement of claim against you, you are invited to file a statement of defense within sixty days of the date this summons was served on you.

לתשומת לבך, אם לא תגיש כתב הגנה אזי לפי תקנה 130 לתקנות סדר הדין האזרחי, התשע"ט-2018, תהיה לתובע הזכות לקבל פסק דין שלא בפניך.

A concise description of the litigants

1. The plaintiff is a private individual who hired the defendant's services to represent him in enforcement proceedings, in which the plaintiff attempted to collect payment for checks that were given to him and were not honored.
2. הנתבע הוא עורך דין אשר מציג את עצמו באמצעות אתר האינטרנט של משרדו כמי שעוסק במתן שירותים משפטיים בתחומים הבאים: הסכמי גירושין, חלוקת רכוש, ירושות ועזבונות, מזונות, משמורות והסדרי ראיה, צוואות, פירוק שיתוף, נדל"ן, ממון, אך לא בתחום הרלוונטי לבעיית התובע.

The relief sought in summary

• The Honorable Court is hereby requested to grant the plaintiff the following reliefs:
• פיצוי כספי בגובה 500,000 ש"ח הכולל פיצוי בגין נזקיו הממוניים והלא ממוניים של התובע.
• לחייב את הנתבע בתשלום הוצאות משפט ושכר טרחת עו"ד בתוספת מע"מ.
• To grant any other relief that the Honorable Court deems appropriate in the circumstances of the case.

Summary of the facts necessary to establish the cause of action and when it arose

• The plaintiff hired the defendant's services at the end of 2017 or very close to that date (the fee agreement between the parties does not specify the date of its signing), in order to represent him in enforcement proceedings and/or in court, and to assist him in collecting the checks that were given to him by a third party, and which were not honored by the bank.
• At the very beginning of the proceedings, the defendant was negligent in his duties and did not arrive at the hearing scheduled for January 22, 2018, which led to the dismissal of the lawsuit (a decision that was later overturned).
• The defendant's negligence is reflected in his failure to submit to the court file documents that were provided to him by the plaintiff, which would have helped the lawsuit succeed (such as additional promissory notes and/or the settlement sheet relating to loans given to the defendant in the same proceeding), and which were even mentioned by the honorable court in the ruling.
• If all of the above is not enough, then the defendant did not notify the plaintiff of the judgment, even though the plaintiff spoke by telephone several times with the defendant after the date of the judgment, And after the plaintiff actually learned of the existence of the judgment, the deadline for filing an appeal passed.

The facts that give the court jurisdiction

• לבית המשפט הנכבד הסמכות העניינית והמקומית לדון בתביעה זו לאור סכום התביעה ומקום עסקו של הנתבע, בהתאם לתקנה 7(א) תקנות סדר הדין האזרחי, תשע"ט – 2018.

Details of the allegations

• The plaintiff hired the defendant's services at the end of 2017 or very close to that date (the fee agreement between the parties does not specify the date of its signing), in order to represent him in enforcement proceedings and/or in court, and to assist him in collecting the checks that were given to him by a third party, and which were not honored by the bank.

Appendix 1: Fee agreement between the parties.

1. כעולה מאתר האינטרנט של משרדו של הנתבע, הוא כלל אינו עוסק בייצוג בסוגיות הרלוונטיות להתקשרות בינו לבין התובע, אלא הוא עוסק בהסכמי גירושין, חלוקת רכוש, ירושות ועזבונות, מזונות, משמורות והסדרי ראיה, צוואות, פירוק שיתוף, נדל"ן, ממון.
2. At the very beginning of the proceedings, the defendant was negligent in his duties and did not arrive at the hearing scheduled for January 22, 2018, which led to the dismissal of the lawsuit.

Appendix 2: Minutes and decision dated January 21, 2018.

1. Although this decision was later overturned, the defendant continued to neglect his duties and failed to submit to the court file relevant documents that were provided to him by the plaintiff. These documents were mentioned by the honorable court in its ruling (such as additional promissory notes and/or the settlement sheet relating to loans given to the defendant in the same proceedings).
2. The proceedings in which the defendant represented the plaintiff ended with a ruling dated December 31, 2020, which dismissed the plaintiff's claim.
3. A look at the Net-e-Hashtab system will reveal that the defendant viewed the verdict on January 3, 2021, but despite numerous telephone calls from the plaintiff to the defendant, the defendant did not bother to inform the plaintiff of the verdict.
4. The plaintiff only learned of the existence of the judgment after the deadline for filing an appeal had passed.
5. התובע פנה לעורך דין _______ על מנת שיגיש בשמו ערעור (בגין שירותיו שילם התובע 30,000 ₪ כולל מע"מ). עורך דין ______ פנה מיד לנתבע אשר הגיש בתאריך 22.3.2021, After the deadline for filing an appeal has passed, "בקשה דחופה למען הזהירות למתן ארכה להגשת ערעור".
6. As part of this application, the defendant claimed that he did not view the ruling and that it was possible that the ruling was viewed by one of his office staff.
7. The District Court rejected the defendant's request, noting that the defendant's request was filed after the deadline for filing the appeal had passed, and the claim that another person in the defendant's office may have mistakenly viewed the ruling does not constitute a special reason justifying an extension of the deadline for filing the appeal.
8. The District Court's decision further states that, according to the defendant's own claim, he learned of the existence of the judgment on February 10, 2021, before the deadline for filing the appeal had passed, but as detailed above, the defendant chose to submit his request only on March 22, 2021, about two weeks after the deadline for filing the appeal had passed.
9. The request for an extension of time was denied and the plaintiff was also charged legal costs of 1,000 NIS.

Appendix 3: The defendant's requests to the Magistrate's Court and the District Court, the respondent's response in those proceedings, and the District Court's decision dated April 7, 2021.

• בתאריך 3.5.2021 ב"כ מטעם התובע פנה בכתב אל הנתבע On notice before taking legal actionAccording to data from the Israel Post website, the warning letter was actually delivered to the defendant on May 6, 2021.

Appendix 4: The notification letter dated May 3, 2021 and confirmation of delivery to the defendant on May 6, 2021.

• בתאריך 24.5.2021 ב"כ התובע שוחח עם הנתבע טלפונית אך הצדדים לא הגיעו להסכמות.
• On June 1, 2021, the plaintiff's complaint against the defendant was filed with the Bar Association.

The damages suffered by the plaintiff

• Due to the defendant's negligence, the plaintiff was denied the right to file an appeal that would have changed the Magistrate's Court's decision.
• Furthermore, the defendant's failures throughout the proceedings, including, among other things, the failure to submit relevant documents that were provided to him by the plaintiff, and those that were even mentioned by the Magistrate's Court in its ruling, resulted in the plaintiff effectively losing the total amount of checks that were provided to him by the defendant in that proceeding - in the amount of NIS 53,000.
• The plaintiff paid lawyer _______ 30,000 NIS, which he would not have had to pay if the defendant had fulfilled his obligation and informed the plaintiff of the verdict.
• The plaintiff was forced to pay legal costs of 1,000 NIS for filing the request for an extension to file an appeal.
• The plaintiff paid the defendant NIS 10,000 for representation. In light of the negligent treatment, the plaintiff is entitled to receive this amount back.
• Needless to say, the plaintiff paid the fees of his attorney for the purpose of filing and managing this lawsuit, and for this representation, the plaintiff is also entitled, at the very least, to a partial refund.
• The plaintiff suffered very significant non-pecuniary damages. As a result of the defendant's negligence, he required psychiatric treatment.
• The plaintiff puts his non-pecuniary damages at ____ NIS.
• Total amount of the claim: 500,000 NIS.

The legal argument

• הנתבע הפר את הוראות סעיף 54 לחוק לשכת עורכי הדין, תשכ"א – 1961, ואת הוראות כלל 2 לכללי לשכת עורכי הדין (אתיקה מקצועית), תשמ"ו 1986, המהווה הוראת יסוד.
• הנתבע פעל בניגוד לסעיף 39 לחוק החוזים (חלק כללי), תשל"ג – 1973.
• The defendant was negligent in his duty (Sections 35-36 of the Torts Ordinance [New Version]).

In conclusion

In light of all of the above, the Honorable Court is hereby requested to summon the defendant to a hearing before it and to rule as follows:

the remedies detailed in this statement of claim.

לחייב את הנתבע בתשלום הוצאות משפט ושכר טרחת עו"ד בתוספת מע"מ.

To grant any other relief that the Honorable Court deems appropriate in the circumstances of the case.

_______________

Plaintiff's name

The plaintiff