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Can you sue a lawyer for misrepresentation in a case or not looking out for the best interests of the client?

Dayton, OH |
Filed under: Professional ethics

My brothers lawyer did what seemed to be the minimum amount of work to represent him in a case involving distribution to a minor where facts and evidence was either neglected or unused. Instead of fighting the case he urged a guilty plea which did not work to my brothers favor. My brother doing so under the assurance he would not go to jail. Then appeals were withheld by the lawyers office for over a month against strong urging from their clients; my mother and brother who are paying them to represent them justly. Then when the appeals are filed they include the start of my brothers school as reason for an early release, however the date they included was wrong despite knowledge of the correct date. It has seemed to me they are only collecting the money. Can a suit be filed?

Attorney Answers 2


  1. If your brother feels his lawyer didn't represent him appropriately and engage in an ethical violation the first step is to report him to the appropriate disciplinary organization. Follow this link to file a complaint in Ohio. http://www.supremecourt.ohio.gov/DisciplinarySys/odc/complaint.asp


  2. You can sue a lawyer for legal malpractice if you feel his handling of the lawsuit was below the standard of care applicable to the lawyers in the community in that field. However, it is not easy to prevail on a legal malpractice lawsuit. Just because you feel your lawyer was not as diligent as he should have been or did not do everything he should have done, does not mean you have a viable legal malpractice claim. In order to prevail, you have to show not only that the lawyer's conduct was below the standard of care but also that you were damaged by it. If you would have ended up with the same result even if the lawyer had acted differently, you have no damages. You should consult a legal malpractice lawyer in your state.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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