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
- Breach of fiduciary duty
- Obstruction of justice
- Failure to inform client or get a client's consent
- Failure to follow client instructions
Legal 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.
Legal Malpractice Cases
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.
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.
Patent 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.
Contractual Legal Malpractice
Legal 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.
Legal Malpractice Lawsuits
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 HelpIf 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