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Legal Malpractice

Legal Malpractice Law

Legal malpractice claims can be filed--generally with the help of a Legal Malpractice Lawyer or a Legal Malpractice law firm--when your lawyer or legal representation fails in the preparation, execution, or settlement of your case, resulting in additional legal consequences.

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Legal Malpractice

Legal malpractice means that your attorney has been negligent when providing legal advice or representation. Legal Malpractice Experts who handle legal malpractice claims can represent you in legal malpractice lawsuits against your former attorney(s), if you believe misconduct in your case that has caused harm to your position. In a legal malpractice case, it must be shown that – in dealing with clients, other attorneys, and/or the courts – an attorney failed to demonstrate the skill and care that could be expected from a lawyer in similar circumstances.

The most common mistakes that can result in a legal malpractice claim are:

Failure to know the law: not knowing/observing a deadline, Inadequate Investigation, Conflict of Interest
Failure to inform client or get a client's consent; failure to follow client instructions
Administrative errors: failure to calendar events; failure to file; clerical error

A Legal Malpractice Lawsuit is brought about to hold a lawyer accountable and at the same time, to secure appropriate compensation for your losses and suffering. Since a Statute of Limitations may apply to legal malpractice lawsuits, the victim or the victim's loved ones should file a complaint as soon as possible.

To be successful in a legal malpractice lawsuit and win a legal malpractice settlement, you (the plaintiff) must typically prove:

The existence of an attorney-client relationship;
Negligence in the legal representation of the plaintiff;
That the negligence was a proximate cause of an injury;
The fact and extent of the injury alleged.

After an attorney-client relationship has been proven, you must establish the "standard of care" which governed the legal representation, and show that the attorney violated that standard of care; quite often an expert witness will help determine standard of care. Next, you must show an injury as a proximate result of the lawyer's negligence (misconduct). Lastly, you need to show that damages actually were suffered as a result of the legal malpractice, and the nature and amount of those damages.

If legal malpractice damages that resulted from the legal malpractice cannot be established, the case will generally be dismissed.

Legal Malpractice Lawsuits

In 2004 approximately 35,000 legal malpractice claims against insured attorneys were filed in the US, with about one-third reaching a legal malpractice settlement. In September 2008, the American Bar Association (ABA) reported an increase in legal malpractice claims due to the slump in economy and particularly related to real estate transactions. It found that from 2004, malpractice cases have continually increased.

Legal malpractice suits filed by disgruntled borrowers and lenders against lawyers are most prevalent, with plaintiffs claiming a lawyer should have advised them about the appropriateness of a mortgage. And bankruptcy-related claims are on the rise. The ABA also reported that most malpractice claims occur when an attorney is perceived as failing to communicate with clients or to educate them about a case.

Statistics show that lawyers who practice outside of their specialties run a greater risk of being sued for legal malpractice. Another risk is that lawyers who have suffered from the economy may take on clients that they shouldn't.

If you--or someone you know --believe that you have been the victim of legal malpractice, you should check with a legal malpractice lawyer about the specific elements of a legal malpractice action under the laws of your state, and to determine if the incident might constitute legal malpractice.

Legal Malpractice Legal Help

If you or a loved one has suffered damages in this case, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.

Please click here for a free evaluation of your Legal Malpractice case

Last updated on Sep-6-10

LEGAL MALPRACTICE ARTICLES AND INTERVIEWS

Canadian Lawyer under Investigation for Possible Legal Malpractice

Kingston, ON: A veteran lawyer from the Canadian city of Kingston has been accused of legal malpractice by the Law Society of Upper Canada with respect to various real estate transactions and mortgages associated with those transactions. The fact that the lawyer at the center of the case has spoken to the matter provides some insight into the issue. [READ MORE]

County Attorney Candidate Was Twice Sued for Legal Malpractice

Ravalli County, MT: A candidate for a county attorney seat in Montana was twice found guilty of legal malpractice, according to the Missoula Independent. [READ MORE]

Legal Malpractice: Lawyer Accused of Swindling Granny

New York, NY: Legal malpractice law is designed to ensure that lawyers act in the best interests of their clients. Legal malpractice claims can include malicious or negligent acts on the part of attorneys, such as fraud, elder abuse or simply failing to file court documents on time. Whatever the situation, when an attorney's improper conduct hurts a client, the attorney may be guilty of legal malpractice. [READ MORE]