Sued by an Attorney?

If an attorney is making a claim against you for attorney fees, call us to fight back!

Lawsuits by attorneys for legal fees is an unfair fight. We can help you and our fees are fixed, flat, and affordable! If no lawsuit (or arbitraton) has been filed yet, we only charge you WHEN AND IF a settlement is reached!

If you have been sued by your attorney or they are threatening to sue you, we can help. Too many lawyers charge unreasonable fees or fail to efficiently run your case, costing you thousands of dollars and even hundreds of thousands of dollars. These lawyers appear to have everything on their side. They know the court system and can pursue you at a fraction of the cost other creditors can. What you need is someone who is not afraid to take on these kinds of cases and who will aggressively assert your rights in a way that you can afford. Fitzgerald & Campbell, APLC is that someone.

Common Reasons for Attorney Fee Lawsuits

There are several reasons why an attorney might file a lawsuit against a client for legal fees:

• Unpaid Fees: The most common reason is failure to pay for legal services provided. If a client doesn't pay the agreed-upon fees or doesn't adhere to the payment schedule outlined in the contract, the attorney may resort to legal action to recover the unpaid fees.
• Breach of Contract: When there's a signed agreement between an attorney and a client outlining the terms of their engagement, failure to comply with those terms can lead to a lawsuit. This could involve not just non-payment but also violating any other terms outlined in the contract.
• Dispute over Fees: Sometimes, disagreements arise over the fees charged. If a client feels they were overcharged or the attorney provided subpar service, they might refuse to pay the full amount. In response, the attorney could file a lawsuit to enforce payment.
• Abandonment of Case: If a client abandons a case without proper termination or authorization from the attorney, leaving the lawyer's services halfway through, the attorney might seek compensation for the work done until that point.
• Fraudulent Activity: In rare cases, if a client engages in fraudulent activities or intentionally misleads the attorney regarding payment, assets, or other critical information, leading to non-payment or financial loss for the attorney, legal action might be taken.
• Statute of Limitations: Attorneys may file a lawsuit to recover fees within the statute of limitations period. If there's a time limit within which they can legally pursue unpaid fees, they might initiate legal action before that period expires.

In most cases, attorneys prefer to resolve fee disputes without resorting to lawsuits. They might attempt negotiation, mediation, or arbitration before taking the matter to court, as litigation can be time-consuming and costly for both parties. Communication and clear agreements upfront can often prevent these disputes from escalating to legal action.

What is Considered Legal Malpractice?

Attorney malpractice refers to the professional negligence or misconduct of an attorney that results in harm or damages to their client. Lawyers are expected to adhere to certain standards of care and competence while representing their clients. Malpractice occurs when they fail to meet these standards, causing harm to the client's case or legal position. Some common forms of attorney malpractice include:

• Negligence: This occurs when an attorney fails to perform their duties competently. For example, missing deadlines, failing to file necessary documents, or providing incorrect legal advice can constitute negligence.
• Breach of Fiduciary Duty: Attorneys owe their clients a fiduciary duty, meaning they must act in the client's best interest. Breaching this duty by putting their interests ahead of the client's or engaging in conflicts of interest can be considered malpractice.
• Conflict of Interest: Attorneys must avoid situations where their personal interests conflict with those of their clients. If a lawyer represents multiple parties with conflicting interests without proper disclosure and consent, it can lead to malpractice claims.
• Failure to Know or Apply the Law: Lawyers are expected to have a certain level of expertise in the relevant areas of law. If they lack knowledge or fail to apply the law correctly, it can harm the client's case and be considered malpractice.
• Communication Issues: Failure to communicate important information to the client, not keeping the client informed about the case's progress, or ignoring client instructions can lead to malpractice claims.
• Improper Handling of Funds: Mishandling client funds, such as using them for personal expenses or failing to properly account for funds entrusted to the lawyer, can constitute malpractice.
• Drafting Errors: Errors in legal documents, contracts, or filings, which negatively impact the client's case or cause financial losses, can lead to malpractice claims.
• Statute of Limitations Issues: Missing the statute of limitations for filing a case or not informing the client about the time limit for legal action can also be considered malpractice.

Claims of attorney malpractice can vary based on the specifics of the situation. They often require demonstrating that the attorney's actions or omissions directly caused harm or financial losses to the client. Legal malpractice cases can be complex and generally require the expertise of other legal professionals to establish negligence or misconduct.