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Legal Malpractice Lawsuit

A legal malpractice lawsuit can be filed in situations where an attorney has been negligent in his or her dealings with a client, causing harm to that client. Legal malpractice cases involve any aspect of law that involve an attorney giving advice to or representing a client, including contract discussions, patent applications, court cases, insurance claims and execution of estates. Legal malpractice claims often involve situations where an attorney missed a deadline for filing paperwork, filed paperwork incorrectly, missed a statute of limitations deadline or acted without the clients' consent.

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Legal Malpractice

Legal malpractice occurs when an attorney has been negligent in providing legal advice or legal 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 has caused you harm. In a legal malpractice case, it must be shown that—in dealing with clients, other attorneys, other entities, and/or the courts—an attorney failed to demonstrate the skill and care that could be expected from a lawyer in similar circumstances.

Mistakes that can result in a legal malpractice claim:
  • Failure to know the law
  • Inadequate investigation
  • Missed Statute of Limitations
  • Conflict of Interest
  • Errors or omissions that result in a lawsuit being dismissed
  • Billing fraud
  • Improper legal advice
  • Dishonesty
  • Breach of fiduciary duty
  • Obstruction of justice
  • Failure to inform client or get a client's consent
  • Failure to follow client instructions

Legal Malpractice Cases

Legal MalpracticeLegal malpractice can occur in any situation where an attorney provides advice to a client. This means that it not only happens in cases involving trials (such as lawsuits) but in contractual discussions, patent cases, business negotiations, executing estates, real estate discussions, and insurance claims. If the attorney has been negligent in his treatment of a client or carrying out of his duties and the client has been harmed in some way by that negligence, then the attorney could be held responsible for legal malpractice.

A legal malpractice lawsuit is brought about to hold a lawyer who has committed legal malpractice 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 claims, the victim or the victim's loved ones should file a legal malpractice 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 (this does not mean that the attorney was paid for his representation, just that a relationship was formed and the client relied on the legal advice of the attorney)
  • 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" that 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). Finally, you need to show that damages actually were suffered as a result of the legal malpractice, and the nature and amount of those damages.

Patent Legal Malpractice

Patent laws require those applying for patents to file paperwork correctly. Failure to do so can result in an inventor losing his intellectual property. Patent legal malpractice can occur if an attorney files for the wrong type of patent or files the patent incorrectly, causing financial harm to the inventor. In such cases, the inventor may be able to file a legal malpractice lawsuit against the attorney.

Contractual Legal Malpractice

Legal malpractice may occur when an attorney fails to represent your best interests in contract or other business negotiations. This can involve failing to include a vital clause or provision in a contract, failing to inform you of vital information pertaining to the contract, failing to obtain your consent when negotiating the contract and/or missing important deadlines involved in filing the paperwork. If any of those actions or omissions resulted in lost money, you may be eligible to file a legal malpractice claim.

Legal Malpractice Lawsuits

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

A legal malpractice claim does not mean that the lawyer intended to harm the client. In fact, much legal malpractice arises from situations where a good lawyer has made an error, but the client suffered harm as a result of that error. Clients who suffer harm as the result of their attorney's error may have the right to file a lawsuit to recover any damages caused by the lawyer's negligence.

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 legal malpractice lawyer who may evaluate your claim at no cost or obligation.

Last updated on Jun-4-14

LEGAL MALPRACTICE LEGAL ARTICLES AND INTERVIEWS

Understanding Legal Malpractice
Understanding Legal Malpractice Tampa, FL: People who have been victims of legal malpractice may be uncomfortable considering a lawsuit against their attorney, but if they have been harmed by a violation of legal malpractice law, a lawsuit may be the only way to compensate them for that harm [READ MORE]

Attorney Ben Stewart: Many Legal Malpractice Cases Not Because of Trials
Attorney Ben Stewart: Many Legal Malpractice Cases Not Because of Trials Tampa, FL: When people think about legal malpractice, they tend to think of situations where an attorney has erred in the courtroom, resulting in a substantial loss for his client. Legal malpractice claims are often believed to be the result of cases that make their way to the courtroom. But Ben Stewart, of Stewart Law, PLLC, says many legal malpractice lawsuits are the result of situations that have nothing to do with courtrooms and were never even meant for a trial [READ MORE]

Public Defense System under Fire in Washington State
Public Defense System under Fire in Washington State Seattle, WA: Out of a duty to the public good, two attorneys from Seattle have taken on a class-action suit aimed at ensuring that low-income and indigent persons charged with misdemeanors in Mount Vernon and Burlington are afforded all the rights afforded to US citizens. "We got interested in the idea just as conscientious attorneys," says Toby Marshall, from the firm of Terrell, Marshall, Daudt & Willie. "We started investigating about six months ago, doing public disclosure requests, getting documents and interviewing people. [READ MORE]



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