Legal Malpractice Law Attorneys

Understanding Legal Malpractice Law

Legal malpractice is a serious issue that can have significant financial and emotional consequences. It arises when an attorney’s negligence, mistakes, or omissions during representation of a client cause harm. This can range from overlooking crucial deadlines to providing incorrect legal advice or failing to adequately investigate a case. If you believe you have been a victim of legal malpractice, seeking legal counsel immediately is crucial.

What Constitutes Legal Malpractice?

Establishing a legal malpractice claim isn’t always straightforward. Generally, to prove legal malpractice, you must demonstrate:

1. A Duty of Care: The attorney-client relationship creates a duty of care, requiring the attorney to act with the skill, knowledge, and diligence expected of a reasonably competent attorney in the same field.

2. A Breach of that Duty: This means the attorney’s actions fell below the standard of care. This can involve errors in judgment, missed deadlines, failure to adequately investigate, or negligent advice.

3. Causation: The attorney’s breach of duty must have directly caused you harm. For example, a missed deadline resulting in the loss of a settlement or a miscalculation of damages leading to an unfavorable outcome.

4. Damages: You must have suffered quantifiable financial damages as a result of the malpractice. These damages could include lost earnings, additional legal fees, or other costs incurred.

Common Types of Legal Malpractice Cases

• Missed Deadlines (Statute of Limitations): Failure to file a lawsuit or take other necessary action within the prescribed time limits.
• Improper Legal Advice: Providing inaccurate or misleading legal advice that harms the client’s case.
• Negligence in Investigation: Failing to adequately investigate the facts and evidence relevant to the case.
• Failure to Properly Communicate: Not keeping the client informed about the progress of their case or failing to respond to client inquiries.
• Errors in Document Preparation: Mistakes in drafting legal documents, such as contracts, pleadings, or motions.

Important Considerations

Proving legal malpractice can be challenging. It’s often necessary to obtain the attorney’s files and communications, and expert witnesses may be required to testify about the standard of care and whether the attorney deviated from it. Our experienced attorneys specialize in evaluating legal malpractice claims and determining the best course of action. If you suspect that your attorney may have committed malpractice, contact us for a confidential consultation to discuss your situation.