Can I sue an Attorney for Fraud?

Posted August 27th, 2019.

Categories: Legal Malpractice, The Calculating Lawyer.

When you hire an attorney, you are trusting him or her with your financial and legal affairs. Attorneys must ensure all private information remains private, as well as speak with their clients in an open, honest manner. When an attorney abuses this trust and either lies or breaches his or her duty of care, there is a very good chance a client will seek a lawsuit against them. There are few things more dishonest than being lied to, and when someone lies in such a crucial situation, the legal or financial impacts may be severe. If you believe you hired an attorney who committed fraud in some way, here are some of the questions you may have regarding the legal process moving forward:

Can an attorney be sued for fraud?

In short, the answer is yes. If you can prove that your attorney made a material misrepresentation of fact that he or she knew was false, with the intent that you would rely upon it or act upon it in some way, and you did and were damaged as a result, you will most likely recover the compensation you need. However, you may also sue an attorney for fraud if he or she concealed information that should have been disclosed and you were hurt as a result.

What are some examples of fraud in a legal malpractice setting?

The American Bar Association Model Rules of Professional Conduct states that a lawyer is not conducting himself or herself professionally when engaged in “conduct involving dishonesty, fraud, deceit or misrepresentation.” Some of the most common examples of legal fraud are as follows:

  • Misrepresentation about settlement offer to induce a client to take a higher or lower figure
  • Misrepresentation about the law
  • Misrepresentation about expenses, court costs, or fees
  • Fraudulent credentials by the attorney to induce you to hire him or her.
  • Fraudulent promises that were never fulfilled
  • Diversion or misappropriation of settlement funds or paid judgment, accompanied by a fraudulent explanation for why a client has not received full payment of the rightful share of funds.
  • Fraudulent assurances that work was being performed (when it was not)
  • Fraudulent concealment of records or letters provided by the opposing side
  • Fraudulent concealment of court orders or other court papers
  • Fraudulent failure-to-disclose court conferences and hearings
  • Fraudulent failure to reveal major milestones in the case

Contact our experienced firm

The Law Offices of Mark S. Guralnick is an experienced and committed legal team for clients throughout the state of New Jersey. Our team effectively serves victims of legal malpractice. If you require the services of a dedicated attorney, please contact The Law Offices of Mark S. Guralnick today for a free consultation.

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