A North Carolina Complaint for Legal Malpractice — General Form is a legal document filed by an individual or entity (referred to as the plaintiff) against a lawyer or law firm (referred to as the defendant) in the state of North Carolina. This complaint is specifically related to a claim of legal malpractice, wherein the plaintiff alleges that the defendant negligently or intentionally caused harm or loss through their actions or omissions while providing legal services. The North Carolina Complaint for Legal Malpractice — General Form outlines the specific details of the case, including the parties involved, a brief introduction of the plaintiff's relationship with the defendant, the legal services provided, and the alleged acts of malpractice. The complaint also presents the damages suffered by the plaintiff as a direct result of the defendant's actions, such as financial loss, emotional distress, or reputational harm. In North Carolina, there are different types of complaints for legal malpractice, which may include: 1. North Carolina Complaint for Legal Malpractice — Negligence: This type of complaint focuses on negligence on the part of the defendant attorney. It asserts that the attorney failed to exercise reasonable care, skill, and diligence while representing the plaintiff, and as a result, caused harm or loss. 2. North Carolina Complaint for Legal Malpractice — Breach of Contract: This complaint alleges that the attorney breached their contractual obligations to the plaintiff. It asserts that the attorney failed to perform specific duties outlined in the client-attorney agreement, leading to harm or loss. 3. North Carolina Complaint for Legal Malpractice — Breach of Fiduciary Duty: This complaint highlights the breach of fiduciary duty by the attorney. It claims that the attorney, as a trusted advisor, failed to act in the best interest of the client, resulting in harm or loss. 4. North Carolina Complaint for Legal Malpractice — Fraud/Misrepresentation: This complaint asserts that the attorney engaged in fraudulent or deceptive behavior, such as intentionally misrepresenting facts or withholding vital information, causing harm or loss to the plaintiff. It is crucial to note that each complaint type requires specific elements to be proven, and the plaintiff must provide sufficient evidence to support their claims. Moreover, the precise format and content of the North Carolina Complaint for Legal Malpractice — General Form may vary depending on the specific county court rules and requirements. Therefore, it is advisable to consult with an experienced attorney or legal professional while preparing and filing the complaint.
North Carolina Complaint for Legal Malpractice - General Form
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How to fill out North Carolina Complaint For Legal Malpractice - General Form?
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FAQ
A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.
Any plaintiff can choose to verify their complaint but most civil cases in California are not verified unless there's a particular statute that requires a cause of action to be verified (this rule applies to unlimited civil cases where the complaint is over $25,000).
Grievances against lawyers who are licensed to practice law in North Carolina should be filed with the North Carolina State Bar. For additional information on filing a complaint, contact the NC State Bar or call the Bar at (919) 828-4620.
We prefer that you file your complaint via our online form. If you would like to file a complaint via hard copy, please call us on our consumer assistance line at (919) 716-6000, and we will mail you a complaint form.
An answer is a response to a complaint that has been filed against you. These forms allow you to file a document telling the Judge which parts of the Plaintiff's complaint that you agree and disagree with. YOU MUST FILE THESE DOCUMENTS WITHIN 30 DAYS OF BEING SERVED WITH THE PLAINTIFF'S COMPLAINT.
See N.C.G.S. 1-15(c). Simply stated, the statute of limitations is three years from the last act or omission of the attorney giving rise to the cause of action. Under the statute of repose, no claim may be asserted more than four years after the attorney's last act or omission that gives rise to the cause of action.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.
If the complaint is verified, the answer must be verified, unless the defendant is a public entity or officer. CCP §446. The defendant's denials and allegations must be made under oath or penalty of perjury.