Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Legal malpractice in Sibiu, Romania pertains to cases where a lawyer fails to competently perform their duties, causing harm to their client. This malpractice may include a range of issues, such as negligence, breach of contract, violation of fiduciary duties, or even fraud. Both criminal penalties and civil remedies might be available, depending on the specifics of the case.
Engaging a lawyer can be important if you believe you have been subjected to legal malpractice. A lawyer experienced in malpractice law can help you prove three key things: the lawyer owed you a duty to act properly, that they breached that duty, and that the breach caused you harm. Cases of malpractice might arise due to negligence, failing to meet deadlines, failure to act within the client's best interests, misusing funds provided by a client, or not following court orders.
In Sibiu, Romania, legal malpractice as a distinct field is relatively novel, but it shares many rules with general malpractice law. Lawyers are liable for the material and moral prejudices produced due to their guilt (Article 297 Code of Civil Procedure). Moreover, a lawyer might face disciplinary actions from the Bar Association for any misconduct in their professional activity. The statute of limitations for legal malpractice claims is typically three years from the date when the client discovered or could have reasonably discovered the malpractice.
To win a legal malpractice case, the client should establish that the lawyer had a duty to act properly, that the lawyer breached this duty, and that the breach caused harm to the client.
Usually, lawyers cannot be held liable simply for losing a case. However, if it's proved that the loss occurred due to their incompetence, unethical behavior, or violation of duty, then a case for legal malpractice might be possible.
The general statute of limitations for malpractice claims in Romania is three years from the date when the client discovered or could have reasonably discovered the harm.
Yes, you can bring a case even if you haven't suffered a financial loss. If your attorney's negligence led to another type of harm, such as emotional distress, you could be eligible for compensation.
Costs vary depending on the complexity of the case. It can often require expert testimony, which can add to the costs. However, many lawyers handle malpractice cases on a contingency basis, meaning that they get paid a percentage of the compensation if they win the case.
The Sibiu Bar Association can provide resources and assistance related to legal malpractice. Beyond that, The National Union of the Romanian Bars and the Romanian Magistrates Association might assist with complaints against attorneys and provide guidance on malpractice suits.
If you believe you have been a victim of legal malpractice in Sibiu, the first step is to consult with a lawyer experienced in this area. Collect all relevant documents and evidence related to your case. Then, a legal professional can guide you through the process of submitting a complaint to the bar association, and if it's really necessary, filing a lawsuit in court.
