Dealing with professional negligence of a lawyer with the assistance of attorney Eddie Blitstein
Attorney Eddie Blitstein Represented for many years and with extraordinary success Claimants regarding professional negligence of a lawyer. If you have been harmed by a negligent lawyer, it is recommended that you schedule a consultation with Attorney Eddie Blitstein after you have collected all the data or evidence indicating that the lawyer did indeed act negligently (judicial decisions, correspondence with the lawyer, recordings of conversations, and any other data that may indicate that the lawyer was indeed negligent).
In addition, it is a good idea to collect all documents or evidence indicating that you have been harmed. Attorney Eddie Blitstein only handles claims regarding professional negligence of a lawyer when the amount of damage exceeds 100 thousand shekels.
Keep in mind that filing a lawsuit regarding professional negligence against a lawyer is usually neither quick nor cheap. The legal process against the lawyer will certainly last more than a year, and the amounts of money you will have to pay to conduct such a procedure are not insignificant.
What is professional negligence of a lawyer?
Professional negligence of a lawyer is a situation in which a lawyer fails to perform an action that he should have performed or performs a certain action in a manner that significantly exceeds the accepted standard.
Professional negligence of a lawyer Made of cause harm to the customer, But not alwaysFor example: If a lawyer was supposed to submit a certain document to the court file and did not do so, but this failure did not lead to harm to the client, it would not be possible to receive compensation in court because no actual damage was caused.
That is, in order for the customer to have a reason Lawsuit against a lawyer For professional negligence, damage must be caused to the client. The more significant the damage, the better the client's cause of action will be.
If you have indeed suffered damage due to the professional negligence of a lawyer, you must find Lawyers specializing in lawsuits against lawyers Others, because the field of professional negligence requires in-depth familiarity with the relevant case law and legislation in order to be able to conclude whether there is a basis for filing a lawsuit against the negligent lawyer, and whether the lawsuit may lead to a significant or negligible amount of compensation.
In many cases where the amount of compensation that the client may receive due to a lawyer's professional negligence is expected to be low, Attorney Eddie Blitstein will not necessarily recommend filing a lawsuit, because the amount Fees The amount that the client will have to pay to conduct the procedure against his negligent lawyer will significantly exceed the amount of financial compensation that the client will be able to receive at the end of the lawsuit.
Is every mistake a lawyer's professional negligence?
Court rulings distinguish between errors that constitute professional negligence on the part of a lawyer and errors that do not constitute professional negligence, and which do not entitle the client to any remedy, even if the client lost and actually suffered damage.
The classic example of a lawyer's negligence is when he was supposed to appear for a hearing and failed to do so, or when he failed to submit a Defense or Affidavit of first witness And he did not do so. As a result of these omissions, the claim against the client may be accepted in full, and the client may be obligated to pay a very large sum of money.
Another example of professional negligence is when a lawyer handled a home purchase transaction and failed to take care Register the apartment in the land registry in the client's name. His (the buyer of the apartment). In such a situation, the client is not considered the owner of the apartment and in fact the apartment may be sold again to a third party, without the knowledge or consent of the client. In such a situation, the client will be left without the money he paid for the apartment, and without the apartment itself.
On the other hand, if the lawyer chose a particular strategy for the purpose of managing the lawsuit, and ultimately this strategy led to a loss in court, this would not necessarily constitute professional negligence on the part of the lawyer.
Similarly, if the lawyer failed to make a possible claim that could have helped the client win in court, and this is one of many possible claims, this will not necessarily constitute professional negligence.
Is committing a criminal offense professional negligence on the part of a lawyer?
There are cases where lawyers commit criminal offenses against their clients. The most common example is a situation where Lawyer steals money from clientIn more extreme cases, the lawyer tries to deprive the client of assets that are worth a lot of money (for example, an apartment or land that is worth a lot of money), in many cases by Forged documents.
These situations do not constitute professional negligence on the part of a lawyer. They are criminal offenses that require filing a complaint with the police, and at the same time Filing a complaint with the Bar AssociationSubmission Complaint to the Bar Association It is not a complicated matter, and in most cases the client will be able to do this even without representation from a lawyer.
In these types of cases, the lawyer's conduct often causes damage to the client, so it is worth considering filing a complaint. Civil lawsuit or Financial claim Against the lawyer.
How to deal with professional negligence by a lawyer?
Minimize your damages
The first thing a person injured by a lawyer's professional negligence should do is examine how they can minimize their damages. In other words, instead of thinking about how to sue the lawyer for the damage you suffered, you should ensure that the damages that have already been incurred do not increase/increase.
Usually, one way to mitigate the damage is to hire another lawyer and fire the negligent lawyer. This way, you will receive better legal representation that may help you achieve the goal you set for yourself in the first place.
It is very possible that the new lawyer will be able to correct the negligence of the negligent lawyer so that there will be no need to file a lawsuit against your previous lawyer for negligence.
Gather evidence that may indicate the lawyer's negligence.
After a lawsuit is filed for professional negligence against a lawyer, it will often be difficult to collect data that will indicate your lawyer's negligence, because he will no longer cooperate with you (usually will no longer answer calls or messages).
For this reason, it is important to try to gather all the evidence before filing a lawsuit, and even before your new lawyer contacts the negligent lawyer with a warning letter.
For example: In a situation where the lawyer did not appear for a hearing or did not submit a statement of claim to the court case, call him, record the conversation, and ask him why he did not do what he was supposed to do. In many cases, the lawyer will admit his mistake. It is very important to document this mistake, because after the lawsuit is filed, the lawyer will make various claims and deny that he was wrong.
Locate a lawyer who deals with professional negligence claims
Not every lawyer knows how to handle professional negligence claims (just as not every lawyer knows how to handle Class Actions or Defamation lawsuits), and not every lawyer wants to file a lawsuit against another lawyer in the first place.
It is important to find a lawyer who specializes in these types of claims because it is important to know what the case law states regarding the negligence case that is relevant to you. Not every lawyer is familiar with the rulings and laws that have been established in the field of professional negligence of lawyers, and without familiarity with these rulings from the start, the chances of success are significantly lower.
It is advisable to send a warning letter before taking legal action.
Before filing a lawsuit against a lawyer, it is a good idea to send a warning letter. If you are represented by another lawyer, the lawyer committed Send a warning letter Before filing a lawsuit against another lawyer, pursuant to Rule 31 of the Bar Association Rules.
A warning letter can be an excellent tactical tool to obtain data from the negligent lawyer, and sometimes even an admission that the lawyer was actually negligent.
Sometimes sending a warning letter may completely eliminate the need to file a lawsuit, and the negligent lawyer may prefer to reach a settlement (this rarely happens - but it does happen).
In addition to filing a lawsuit, you should consider filing a complaint with the Bar Association.
Sometimes it is worth considering filing a complaint with the Bar Association at the same time as filing a claim for professional negligence against a lawyer. If the Bar Association concludes that the lawyer was negligent, this may well contribute to the success of the claim in court.
Furthermore, in many cases, lawyers will be more afraid of filing a complaint with the Bar Association because this may also lead to the permanent or partial revocation of the license, which is often much scarier than paying financial compensation for a lawyer's professional negligence, because most lawyers have an insurance policy, and in these cases the insurance company will pay the compensation.
In conclusion
Professional negligence of a lawyer is an action that exceeds an accepted standard or a failure to perform an action that a lawyer should have performed. It is possible that a lawyer's professional negligence will not cause harm to the client, and in these cases there will be no point in filing a lawsuit. In order to receive financial compensation, damage must be caused to the client due to the lawyer's negligence.
If you have been injured by a lawyer's negligence, it is important to first minimize your damages. In these cases, it is advisable to replace your lawyer with another lawyer. At the same time, it is advisable to gather evidence that may prove that your lawyer was negligent.
It is recommended not to rush into filing a lawsuit against the negligent lawyer, but to first send a warning letter. It is possible that following the warning letter, you will reach a compromise with the lawyer and there will be no need to file a lawsuit.
It is highly recommended to seek the services of a lawyer who specializes in lawsuits against lawyers. Not every lawyer wants to or knows how to handle these types of lawsuits.
