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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


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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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