Legal Malpractice Lawsuits
Lawyers owe their clients a professional duty. When you hire a lawyer, you expect competent legal advice and fair legal representation. Your attorney should act like a professional, communicate with you about your case, and protect your privacy. When the attorney’s actions are negligent and cause financial loss, you may be able to hold them liable for malpractice.
Legal malpractice gives you a way to hold your lawyer responsible for losses and harm. If your attorney made a serious error that affected your case, contact a local legal malpractice lawyer to discuss your legal options.
What Is a Legal Malpractice Lawsuit?
Legal malpractice is a type of professional negligence, like medical malpractice. Legal malpractice law involves serious errors committed by an attorney while representing a client. When there is an attorney-client relationship, a lawyer owes the client a duty of care. Malpractice occurs when an attorney breaches that duty, causing the client harm.
However, legal malpractice doesn’t occur just because you are unhappy with the outcome of the underlying case. For example, it may be malpractice to have a conflict of interest and not tell you about it. Attorneys have to disclose any conflicts of interest, including if they represent the person you are filing a lawsuit against.
Filing a Complaint About an Attorney
People who believe that they’ve been harmed by legal malpractice can file attorney complaints with the state bar association. This complaint is separate from a legal malpractice lawsuit. The bar association can investigate attorney complaints. They can determine whether an attorney has violated ethical requirements and legal guidelines. The state bar can discipline attorneys, including disbarment for serious violations.
Duties Attorneys Owe to Clients
The duties attorneys owe to their clients are outlined in the state’s rules of professional conduct. Generally, a lawyer must provide competent representation to clients, communicate reasonably, and be diligent in their representation. Attorneys must also maintain client confidentiality, meet deadlines, and respect their clients’ legal decisions.
Attorneys must act in the best interests of their clients. Attorneys also have fiduciary duties to their clients. If your lawyer is managing your funds, they cannot commingle these funds with their own bank accounts. This would be a breach of fiduciary duty.
Common Types of Lawyer Malpractice Claims
The most common claim made in a legal malpractice lawsuit is that the lawyer did not know the law or failed to act in a timely manner. These negligent legal services can lead to losses for the plaintiff. Other types of malpractice include:
- Missed deadlines
- Failed to research real estate records in a property sale
- Inadequate preparation, investigation, or discovery
- Failing to file documents or calendar court appearances
- Lack of communication with the client
- Committing fraud
How Do You Prove a Legal Malpractice Case?
Legal malpractice goes beyond just getting an outcome you didn’t want. To win a legal malpractice claim, you have to show the attorney was negligent in their duties and caused harm or financial losses. Elements of a legal malpractice case include:
- Because of the attorney-client relationship, your lawyer owed you a duty of care
- The attorney breached their duty by deviating from the standards of the profession
- The breach caused you financial losses
A lawyer owes you a professional duty if you are a client. Generally, this requires agreeing to represent you or signing an engagement letter. Any contract or agreement can be used to prove a professional duty.
The legal standard of care generally means not deviating from what a reasonable attorney would do. If your attorney does something a reasonable attorney in a similar situation would not do, that could be a breach.
There also has to be causation between the breach and your losses, also known as injuries. Losses can include financial loss, harm to your reputation, or a loss of business opportunities.
For example, an attorney forgot to file your case with the court. The statute of limitations closed for your personal injury lawsuit. As a result of the attorney’s negligence, you cannot recover compensation for your injuries. The attorney would likely be liable for damages in a legal malpractice action.
What a Legal Malpractice Attorney Does
Your legal malpractice attorney will review your case and determine whether it is likely that malpractice occurred. To prevail in a case, the attorney’s negligence must have resulted in actual harm. The lawyer can determine the amount of damages you may expect to receive.
A malpractice lawyer may work to either resolve the case through a settlement or arbitration. If you can’t settle the case, your attorney can pursue litigation. Contact an experienced malpractice attorney for more information about legal malpractice.