File a lawsuit against the lawyer in a court in his county of residence. Obtain summons and complaint documents from the court clerk. Fill in the summons form by indicating the date, your name and the defendant's name as well as addresses. Write a complaint stating your reasons for the suit and the ways in which the lawyer breached the trust agreement. Sign and submit copies to the court clerk.
Serve the lawyer with copies of the summons and complaint (service of process) either through certified mail, a process server or the sheriff's office. Obtain a service of process mail receipt or a letter from the sheriff's office acknowledging that the lawyer has been served. Present this proof of service to the court and obtain an initial court date.
Gather evidence to prove that there was a breach of trust by tracing transactions executed by the lawyer from the trust, and any audio or video recordings and correspondences. Seek the help of another lawyer while gathering evidence to ensure that you do not illegally gather the evidence and thus disqualify your case.
Carry out a discovery process by sending a written request to the defendant listing the type of discovery you are seeking. In the request, ask the defendant to present a list of his witnesses and any documents and information he intends to use as evidence in his defence. Do the same for the defendant by presenting copies of evidentiary information such as recorded communication and emails, bank transactions, and statements by trust beneficiaries.
Attend the initial hearing and bring along all copies of correspondence between you and the defendant, witnesses and pieces of evidence to support your case. Prove that you had an attorney-client relationship with the lawyer by presenting the court with a copy of the trust agreement. Present initial evidence of breach of trust such as bank transactions made by the lawyer. If the court finds there is enough evidence of breach of trust to bring the defendant to trial, a trial hearing will be called after an attempt between you and the defendant to settle the case.
Negotiate with the defendant to arrive at a settlement. Seek remedies such as asking the defendant to return the assets or money she has misused or misapplied. Listen to her offer to settle, and if you cannot agree on a settlement, proceed to trial.
Attend the trial. Prove to the court that the lawyer engaged in acts that were inconsistent with the trust agreement you had by providing evidence of such bank transactions (if money was used inappropriately), recorded correspondences and title deeds. Present a tracing claim which shows the court what happened to your assets and the people you have identified as the ones who received the misappropriated assets or money from the lawyer. Call upon witnesses such as other beneficiaries to the trust to support your claim for breach of trust.
Demonstrate how the acts of the lawyer harmed you personally by explaining to the court that if the lawyer had not engaged in the breach of trust, you would not have suffered the loss of assets or money. Do not speculate on the loss that may have been incurred; simply demonstrate the loss of assets or money already incurred.
State the amount of damages incurred as a result of the loss caused by the breach of trust. Be sure to have estimated the damages in terms of dollar amounts before coming to court, by consulting a forensic damages and accounting expert. Ask your lawyer to refer you to one or use an online site such as Juris.pro to find a damage quantifying expert. Wait for a judgment from the court which will issue a court order for the defendant to pay the claim and remedy you have requested.