Proving Malpractice Isn't Easy Unfortunately, it is very hard to win a malpractice case. Malpractice means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances.
Is an attorney more powerful than a lawyer? Not necessarily. While attorneys specifically represent clients in court, both lawyers and attorneys have the same level of legal education and training. The distinction is more about their role, rather than their power or authority.
Deciding whether to sue a client for unpaid fees and expenses requires a careful and in-depth analysis of the risks and benefits of bringing such a claim. Attorneys should be wary of the risk of a malpractice counterclaim, as well as the financial risks associated with a collection suit.
How to Collect Court-Awarded Attorney Fees Step 1: Understand Your Judgment. Step 2: Locate the Debtor and Their Assets. Step 3: Determine the Best Method of Collection. Step 4: Initiate the Collection Process. Step 5: Enforce the Collection. Step 6: Address Any Challenges. Step 7: Complete the Collection and Close the Case.
The simplest and fastest form of legal action you can take is to file a claim in small claims court. Your case should be straightforward: You'll claim that the other side breached your written agreement by not paying you, and you want the judge to award judgment to you for the entire amount owed.
Deciding whether to sue a client for unpaid fees and expenses requires a careful and in-depth analysis of the risks and benefits of bringing such a claim. Attorneys should be wary of the risk of a malpractice counterclaim, as well as the financial risks associated with a collection suit.