What does it mean to be warned before filing a lawsuit against a lawyer?
A warning before filing a lawsuit against a lawyer means that you intend to file a lawsuit against a lawyer who, in your opinion, has harmed you and caused you damage. Warning letter Designed to allow the lawyer to respond to your claims and demands made against him.
A warning before filing a lawsuit against a lawyer can lead to several scenarios:
- The lawyer will ignore the warning completely.
- The lawyer will respond to the warning letter but will reject your demands in full.
- The lawyer will respond to the warning letter but will partially reject your demands.
- The lawyer will try to contact you or the lawyer on your behalf in order to reach an agreement (compromise). In such a case, you will probably not receive a letter of response because the lawyer will not want to include statements in the letter that could be interpreted as agreement with your claims.
If you really want to try to reach an agreement, in a warning letter before filing a lawsuit against a lawyer, you must formulate your demands in a proportionate manner. If, for example, you claim that you have suffered damage worth one hundred thousand shekels, do not expect to receive the entire amount in the warning letter, because in such a case the lawyer has no incentive to compromise with you, and he would prefer that you file a lawsuit against him, conduct the proceedings for several years, and then agree to some compromise that will be proposed by the judge at the hearing.
In these cases, where you really prefer to reach a quick settlement, as part of a warning before filing a lawsuit against a lawyer, it is worth considering offering a settlement in an amount significantly lower than the amount you believe you are entitled to. This way, the lawyer will have an incentive to agree to your demands because he will weigh the costs and risks of handling a lawsuit, and may come to the conclusion that it is better for him to agree to the settlement you offer.
On the other hand, if you insist on receiving the full amount of the damage caused to you (and this is your full right), there is no reason to demand a lower compensation amount in the warning letter.
What are the benefits of sending a notice before filing a lawsuit against a lawyer?
Sending a notice before filing a lawsuit against a lawyer has several notable advantages:
- Sending a warning will cost you much less than handling a claim – naturally, the cost of sending a warning letter will cost you much less than paying Lawyer's fees For conducting an entire proceeding against the lawyer.
- Sending a notice may shorten the process for you – if after sending a notice the lawyer agrees to your demands in full or in part, this means that you have saved a lot of time in conducting a legal process.
- If the lawyer ignores the notice you send him, this may greatly affect the issue. Legal expenses As part of the management of the lawsuit. If you lose the lawsuit, the judge may not charge you any costs at all. If you win the lawsuit, the judge may award realistic legal costs because the procedure could have been saved if the lawyer had addressed your request.
- If the lawyer responds to your request, he may present arguments to you that you had not considered. The letter of response to your warning may allow you to understand what the lawyer's arguments will be that will be detailed within the framework of Defense On his behalf, and in this way you can formulate the The statement of claim Yours in a better and more correct way.
- After sending a pre-submission notice Lawsuit against a lawyer The lawyer may choose to involve the His insurance companyUnder these circumstances, there is a higher likelihood of reaching a settlement before filing a lawsuit.
- אם התראה לפני הגשת תביעה נגד עורך דין תשלח על ידי עורך דין מטעמכם, עורך הדין יבין שאתם "רציניים" ויתייחס, לרוב, לפנייתכם בצורה שונה ויקדיש לה מחשבה רבה יותר.
What are the disadvantages of sending a notice before filing a lawsuit against a lawyer?
Although there are significant advantages to sending a notice before filing a lawsuit against a lawyer, you should also take into account that there are also disadvantages that you should consider:
- A warning letter will cost you money and there is a high chance that it will not lead to a settlement before filing a lawsuit – in most cases, lawsuits against lawyers include demands for significant monetary damages. The higher the amount of damages, the lower the likelihood of reaching a settlement before filing a lawsuit.
- Sending a warning may lead to a waste of valuable time – in many cases, the lawyer will try to buy time, schedule meetings, then cancel or agree to any offers and then withdraw, all in order to buy time.
- When sending a warning, you may disclose information that may help the lawyer understand that you do not have enough data to prove your claim. Great care should be taken in drafting the warning, and it is therefore advisable to seek the services of a lawyer who regularly handles professional negligence claims.
Is it mandatory to send a notice before filing a lawsuit against a lawyer?
Beyond the advantages and disadvantages of sending a notice before filing a lawsuit against a lawyer, you should also understand whether there is a requirement to send such a notice? The answer to this issue is very simple - if you do not intend to be represented by a lawyer on your behalf, then there is no requirement to send a notice before filing a lawsuit against a lawyer.
לעומת זאת, אם אתם מיוצגים על ידי עורך דין, הוא יהיה חייב לשלוח התראה לפני הגשת תביעה נגד עורך דין מכוח כלל 31 לכללי לשכת עורכי הדין (אתיקה מקצועית), תשמ"ו-1986, אשר קובע כך:
Dispute with a lawyer
31. Before a lawyer initiates legal proceedings on behalf of his client against another lawyer, Will contact that lawyer in writingAnd, if possible – even orally, to try to resolve the conflict peacefully, provided that such an approach will not cause harm to the client.
If your lawyer does not act in accordance with the rules of ethics, he exposes himself to prosecution. Complaint against him to the Bar AssociationThis complaint may sometimes be a lever of pressure against the client because your lawyer will not want to continue representing you if it means he gets into trouble with the Bar Association, which may harm his livelihood.
In such cases, the lawyer will even be willing to try to convince his client to agree to a compromise that is not necessarily in his favor, all with the ultimate goal of having the complaint against him dismissed by the lawyer who filed it.
חשוב לדעת שהחובה לשלוח התראה לפני הגשת תביעה נגד עורך דין חלה גם על בעל דין שהוא עורך דין בעצמו. עניין זה נדון בפסיקת בית המשפט המחוזי במסגרת עב"י 30912-01-21 יהושע רוזנצוויג נ' לשכת עורכי הדין:
אשר להרשעה הקשורה בחובה לפנות למתלונן טרם הגשת תביעה נגדו, בהתאם לכלל 31 לכללי האתיקה: בעניין זה מקובלת עליי קביעת בית הדין שלפיה, החובה לפעול בצורה הולמת וראויה בהתאם לכללי האתיקה, חלה על העורך דין המייצג את עצמו (ראו: על"א 6/88 קובלר נ' הוועד המחוזי של לשכת עורכי הדין ת"א יפו פ"ד מ"ה(4)329).
In addition, I accept the court's reasoning that the appellant had ample time before the expiration of the limitation period to contact the complainant in accordance with Rule 31; and therefore, the appellant's argument that the exception regarding the fear of causing harm to the client due to the contact cannot be accepted in his case.
In conclusion
A warning before filing a lawsuit against a lawyer indicates a desire to file a lawsuit with the aim of winning compensation or receiving reimbursement for damages caused by the lawyer.
Sending a notice before filing a lawsuit has advantages and disadvantages. Before deciding whether or not to send a notice, it is highly advisable to consult with a lawyer who regularly handles claims regarding professional negligence of lawyers.
While a non-lawyer is not required to send a notice before filing a lawsuit, a lawyer is required to send a notice before filing a lawsuit against a lawyer by virtue of the rules of ethics.
In some cases, it is also appropriate to consider submitting Police complaint against a lawyer.
