Suing Opposing Counsel For Malpractice In Queens
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The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. This standard, called the privity rule, finds its footing in the definition of legal malpractice.
You would use a motion to disqualify counsel to request that the court remove the opposing party's attorney from the case.
If the client lays out specific instructions for the attorney and the attorney goes against them, the client can claim malpractice. Even if the attorney believes his or her actions to be in the client's best interest, it is a breach of trust and fiduciary responsibility to the client to go against their wishes.
Generally speaking, in the US, an opposing attorney does not owe you a duty that would give rise to a claim for legal malpractice. You might have some other claim against them, but not malpractice.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
First, you must ask yourself if you have a good case. Second, you should ask whether you'd be satisfied with a settlement or going to dispute resolution if you file a lawsuit. Finally, assuming you win your lawsuit, you need to ask yourself whether you'll be able to collect any form of judgment.
Generally speaking, in the US, an opposing attorney does not owe you a duty that would give rise to a claim for legal malpractice. You might have some other claim against them, but not malpractice.
It is well known within the legal world that most cases settle before they ever get to trial. Generally, less than 3% of civil cases reach a trial verdict. So, around 97% of cases are resolved by means other than trial.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
Timeline of How to File a Lawsuit Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. Step 2: Answer Complaint. Step 3: Discovery. Step 4: Failing to Respond to Discovery. Step 5: Conclusion of Lawsuit.
