Suing Previous Legal Counsel For Nonfeasance, Misfeasance And Malfeasance

Law Blog

Once in a blue moon, you might receive poor legal counsel. When your attorney is guilty of nonfeasance, misfeasance or malfeasance, you have every right to pursue a lawsuit against him or her. To help you understand what each of these terms mean and exactly what you should be suing for, be sure to read on. Once you are familiar with each term, you'll need to seek out a qualified attorney to help you make your claim.


This is almost as bad as a poor defence. In this case, your lawyer agrees to represent you, create a defence for you and appear in court with you, but then, they don't follow through on those previous agreements. The lawyer may take your money and do absolutely nothing for you. This type of crime against clients is very rare, but if it applies to you, it is the easiest to prove because you have a receipt or cancelled check for the retainer and absolutely no lawyer or court records to show for it.


Someone who is guilty of misfeasance collects payment but only does half the work. For instance, in a custody case where neither parent can pay for a guardian/"children's lawyer," the court will appoint one. This lawyer is supposed to speak to several references from both parents so that he or she can determine the best placement for the children. Ignoring references of one parent while speaking to all the references of the other is not only misfeasance, but an argument for favoritism; and, this situation is certainly infuriating and insulting enough to motivate the overlooked parent to sue!


If you are the victim of malfeasance, your lawyer did almost everything right, and then yanked the rug out from under you at the last minute. In short, your case was prepped, your lawyer showed in court, but then he or she backed down from any worthy argument that would have turned things in your favor. Unfortunately, this can be the hardest type of case to win because you have to prove that your previous lawyer intentionally screwed things up for you.

Suing for the Recoupment of Legal Fees from the Lawyer at Fault

Depending on how much money you paid the first lawyer, you may sue in small claims court to recover your lost money. Given that you are suing a lawyer, you may wish to bypass small claims and pursue your complaint in a higher court of law. The new lawyer you hire in Canada can help you decipher which path is best for your particular situation.

Although this means that you will have to hire another lawyer, like little john barristers, to help you sue your first lawyer, you can always add your second lawyer's fees to the financial settlement you seek from the first.


30 December 2014

family law - impacting your life

Just as there are laws to protect us on the roads, there are laws to protect our families. Whether you are fighting for the right to see your children, or are in the beginning stages of a divorce, a lawyer can help. There are many laws and stipulations that can have a serious impact on the outcome of any family legal situation. Having a lawyer working at your side to get through a difficult time is the only way to ensure that your rights are fully protected. On this site, you will learn about some of the family laws that could be impacting your life today.