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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.
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Understanding Legal Malpractice
Understanding Legal Malpractice
January 5, 2013
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
March 15, 2012
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
July 19, 2011
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]



Posted by
Benjamin Blood
I have a number of important subjects that need to be discussed with a room of Lawyers that are hungry to make things right for someone who has been through the ringer and lost all that's important to me. Especially time with kids because of my financial situation. And my " Attorneys" do nothing but help the insurance company screw, Me over! Please help. There is faulty medical script involved and an illegal off label use of OP 1 bone putty used on me which caused my Gallbladder to deform along with the Cystic duct. A short surgery turned into a very serious one where organs were removed and, it couldn't be stapled because my Doctor said the rest of the Organs we're so petrified that the skin around needed to be pulled together around the petrified organs. That and the failure over and over to on my Attns part. There was a conflict of interests regarding a number of things. Especially the relationship with my Ex. Who she got a job for her family member. That and I believe they've been paid off to just send me out to sea. They do nothing I ask of them. And aren't looking out for my best interest. I need your help. They are afraid once it's brought before a judge like I've asked they will be held accountable! Please help me to get what I'm entitled to so I can take care of myself the on coming years. I have been living with no money or income and know end in sight. Please please HELP!!

Posted by
Susan Smith
I'm currently in a lawsuit for legal malpractice, breach of fiduciary duty and quite title. The lawyer appointed herself as administrator or my mothers estate. Hired herself as the estates attorney and also represented a family member with conflicting interests. She sold the real estate for $60,000 less then current value. Without courts or beneficiaries knowledge or consent. She used the estates proceeds to pay al the expenses even though the estate was only 50% owner. She has refused to show a full accounting for over 18 months. Didn't submit inventory until after the property was sold. When the beneficiaries tried to get in contact with her for their proceeds of the sale (3 months later) she wouldn't respond. So they went to her office and she held their checks in the air and told them they had to sign papers before she would pay them. Come to find out it was the consents to sell 3 months after the property sold. She paid $10,200 in real estate commissions burr and seller. She also paid herself without the courts permission in June. Come Aug she asked the courts permission they reduced her fee by $500 and she kept the difference. When the beneficiaries finally caught on something wasn't right she emailed them and sorry the estate is closed and there's nothing you can do about it! You signed off on the documents and your dead in the water! Two years later the estate still isn't closed! This case is disgusting and I hope the beneficiaries get what's owed to them and more! It's ugly lawyers like this that give them all a bad name! Ps This case is still pending and she has yet to provide an accounting there's a good chance more money was stolen! Hopefully I'll be able to update with good news of the outcome.

Posted by
troy bjorntzen
My case was settled 2 years ago still no payment.

Posted by
Patricia Prudhomme
My attorney admits a conflict of interest after a year and arrange a lower settlement. Auto accident they sued the passenger and not the driver.

Posted by
Andre durden
Advice on malpractice

Posted by
Sherry jagneaux
My son was hit by a faulty electrical line and injured-a lawyer took our case against a major electricity company in louisiana- we went all the way through depositions and I found it odd when during depo he was "all excited" CUZ the opposing lawyer was his "best bud from college" now after the depositions my lawyer won't answer phone calls or emails and I feel he was paid off by the electricity company to just -I don't know-!et it go- I don't trust the attorney board because I've contacted them before when a lawyer had screwed me over- do not trust ANY LAWYER unless you've TALKED TO PPL WHO HAVE HAD GOOD RESULTS- they will do all they can to screw you over- it's about their money- not helping the client

Posted by
Diane Wagner
my attorney signed a dismissal form with prejudice without my consent.
he said he would sign with prejudice so I could always file later on if I couldn't work from illness
then he died and left me without an attorney
this happened almost 10 yrs ago
it is too late right?

Posted by
Loss of all settlement awarded due to falsified assertion of lien holders asserted by attorney , who willingly admitted doing so via email. I had to file a police report for harassment of text messages at 2:00 am in the morning from this attorney. Attorney paid himself $13,000 out of awarded settlement and never paid any of the medical bills from my slip and fall injury case. I am left to pay all medical expenses .

Posted by
The general mistrust of lawyers is huge and I dont get why you lawyers allow a hand full of lawyers to spoil it for the hundreds of thousands of lawyers struggling to earn a living.Judges are getting filthy rich,their pension funds are massive yet you lawyers still have to watch how you deal with them on certain cases if you go in front of them often.Not only are they getting filthy richer by the second they get the perks,the pay offs,and all those other things we private sector people can only dream about.My case against Well Fargo is barely hanging but when my lawyer told me who the judge was,and what city I was shocked since we had talked about it and established that it was assigned to a dif court.When I asked about it he was very passionate about the fact that it was random and he had nothing to do with it being at the court with a judge who was accused of running a certain type of scenario in her court in 2009 and that is still open.He said "I had nothing to do with it going to this court period"and two mins later [these are emails]says that "yes I did move it to that court as I feel I have a good relationship with several judges there".I have amazing evidence showing how Wells Fargo treats a "Premiere client"of 14 years with past loans paid on time and in full and how they create any document they need to get what they want,how their lawyers lie without worry and also create fraudulent docs,make believe declarations by people who say they witnessed a certain thing but were not even privy to what took place ever.Then Ignored my request to move to a dif court,sent responses to be signed by me with two or three dif case numbers none of them mine,entered into evidence documents that their lawyer should have entered[hurting my case]contradicting himself many times in many emails,lying,cheating,and basically stealing as of today 25k case was dismissed in their favor at demurer and she awarded them 18k in fees,He wasnt kidding about that relationship.So now I am going to have to appeal or my entire life as I know it is at risk of no longer existing,I dont think that the judge,or my lawyer consider how their actions are going to impact someones life,and the issues of my case I am well versed in and have had many transactions of this type and need not question the facts so fraud is the special for today but what do the lawyers get out of this?Few rulings in your favor maybe a couple go the other way,I see no common sense or common law in any of it.

Posted by
My attorney turned my case over to a partner of his without my consent. He was representing me for custody. If I had known he would not be available, I would not have pursued the case. He also did not keep me advised of the costs, and billed me for twice what he estimated the cost to be.

Posted by
I hired an attorney for custody of my daughter. He filed the papers and served my daughter's mother with court papers. She did not respond within 30 days and was in default. My attorney said I won and I have sole custody. I moved to Ohio and tried to enroll my daughter in school and found out that my attorney never filed the petition for a judgement of default. The case sat there in court for over a year without any activity, which then was dismissed without a judgement. This was filed around Nov. 2010 and there was no activity until Jan. of 2012. I have contacted his office over 30 times with not a single call back from him.

Posted by
My mother passed away in October of 2011. I contacted an attorney December of 2011, and he was working on her case because she had many bedsores, three to be correct, while staying at the nursing home in Ohio. I was told that the case was getting ready to come on its date of filing 30 days before it was due. He and a family of attorneys waited right before the deadline to tell me that they did not have time to file. I filed on my own before the deadline and was dismissed because I was not an attorney and could not do the case myself.

Posted by
My fiance and I hired an attorney after we got a restraining order against her EX husband to remove his parenting time. The EX has a long criminal history of violence and drug abuse. The last straw was when he recently threatened to harm her and the kids. We broke our lease and moved to a different location and changed the kids school. Our attorney received permission to serve EX via email after several attempts at multiple addresses to serve him. I was CC'd on the email with the package she sent to him serving him. I noticed on the 9th document, she had our current address displayed! We are now in fear of retaliation. Our attorney has not returned our calls after we left a message at her office that we were angry. I want to bill her our moving costs.

Posted by
North Carolina
Loss of home and counter damages against lender for mortgage fraud, unfair and deceptive practices, and respa.

Posted by
New York
He delayed my case for 2 1/2 years for his own financial gain. He also had me do personal assignments for him,he'll tell me that he would deduct it from my weekly legal fees & then never pay me or deduct it from my legal fees!

Posted by
Because the attorney failed to prepare for the case I suffered damages of $8,000 from the failed lawsuit and paid over $5,000 in legal fees to the attorney. The attorney could not give me any details as to why we lost. He failed in inform me that we could file an appeal.


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