Tuesday, June 6, 2017
Sometimes you face issues in life that require an attorney's legal representation, so you hire an attorney in full faith that she or he will do the best of their ability to help you win your case. However, what do you do when your attorney fails to do their work, makes mistakes, or severely mishandles your case? You may consider hiring a legal malpractice lawyer to sue your attorney for legal malpractice.
Legal malpractice occurs when an attorney neglects to meet accepted standards of the legal profession, which causes a client to suffer monetary loss.
To win a legal malpractice lawsuit, the plaintiff must prove precisely what standard professional code of conduct the attorney breached in addition to demonstrating that if the standard had not been breached the plaintiff would not have suffered financially. To prove a legal malpractice case, it must meet the following criteria:
The plaintiff must demonstrate that an attorney-client relationship existed between the lawyer and the plaintiff, also there must be proof that there was a violation of the obligation to provide competent representation.
The plaintiff must also prove that this violation caused the plaintiff's injury, and as a result, the injury led to a financial loss on the plaintiff's behalf. The most common types of legal malpractice include:
Breach of Contract
You will be required to sign a contract upon hiring a lawyer. Once the contract is in play, if the lawyer neglects to do what the terms of the contract oblige her or him to do, then he or she has committed legal malpractice, in which case he or she will be held liable for damages.
Your attorney is obliged to handle your case just as any other competent attorney would under the same circumstances. If your attorney neglects to handle your case in a competent and sufficient manner, he or she may be at fault for legal malpractice. As a result, the attorney may be held legally responsible for damages.
Breach of Fiduciary Duty
Your attorney is legally required to act in your best interest. If your attorney neglects to act in your best interest and instead, acts in his or her best interest, and your case is negatively affected as a result, it is more than likely a case of legal malpractice based on a breach of fiduciary duty, in which case you can sue your attorney to recoup your loss.
There are various cases in which you may require a legal malpractice lawyer, some of the most common examples include:
The Attorney is Incompetent
If you have reason to believe that your case was thrown out as a result of your lawyer's incompetence or failure to do his or her job, then you may have just cause for a malpractice claim provided that you can prove that if your case was handled properly, you could have been rewarded a judgment. If you are successful in proving your case, your attorney is responsible for compensating whatever money you could have been rewarded had your case been handled competently.
The Attorney Fails to Communicate
When your attorney fails to communicate with you concerning the details of your case, it is not only frustrating, but it can cause you to seek another lawyer to represent you in the middle of the case, which can be difficult.
If your attorney neglects to communicate with you or return your phone calls for a long period of time, he or she may be guilty of abandoning you, which is a clear violation of the attorney's ethical duty.
If you believe that this is your case, it is always recommended that you voice your concerns to your attorney. If this still does not resolve the issue, then you may consider obtaining legal malpractice lawyers to obtain a second opinion and possibly suing the attorney for legal malpractice.
Your Attorney Settles Your Case Without Your Consent
By law, your attorney may not consent to settle your case without your approval. If your attorney has settled your case without your consent and you can prove that the settlement the attorney agreed upon was much less than what your case was worth, your attorney may be held liable for damages.
The Best Qualifications in Finding a Lawyer
Proving legal malpractice is a difficult task; therefore, you need a Legal Malpractice Attorney who is well practiced in this area to increase your chance of proving your case.
Also, a qualified attorney is well adept in negotiations and will fight to get you the settlement you deserve, and in most cases, as quickly as possible.
Lastly, a qualified attorney is confident in his or her ability to help you win your case; therefore, he or she will not typically charge a fee unless your settlement or case is won. Also, they will also allow you to schedule a free consultation to discuss the details of your case and advise you on the best way to proceed.
Thomas Valet is a Top 100 Rated malpractice lawyer with over 30 years experience and over $500 million dollars in settlements and awards. Learn more about legal malpractice by visiting his website.
The information on this blog is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The hiring of any lawyer is an important decision that should not be based solely upon advertisements.