Legal malpractice is a serious concern for clients who have sought legal services. This type of malpractice occurs when an attorney fails to meet the standard of care expected of them, and the client suffers damages as a result. In this article, we will define legal malpractice, provide examples of it, discuss types of legal malpractice, outline what to expect in a legal malpractice claim, and advise what to look for in a legal malpractice lawyer.
What is legal malpractice?
Definition of legal malpractice
A legal malpractice claim occurs when an attorney breaches their duty to their client by acting negligently or otherwise failing to meet the standard of care expected of them. A breach of duty may occur when the attorney fails to provide competent legal advice, fails to file or meet deadlines, or breaches the attorney-client relationship in some other fashion, resulting in harm to the client. Legal malpractice can take many forms, including personal injury, contract law, family law, and more.
Examples of legal malpractice
Examples of legal malpractice include instances when an attorney breaches their duty to their client, resulting in harm. Common examples of legal malpractice include conflict of interest, failure to file timely court documents, negligent legal advice, fraud or deceit, and failure to disclose relevant information to clients. In addition, any instance when an attorney fails to meet the standard of care expected of them by other attorneys in the same field and location can be considered legal malpractice.
Types of legal malpractice
Legal malpractice can take many forms, but the most common types are negligence, breach of fiduciary duty, and breach of contract. Negligence occurs when an attorney fails to exercise the carefulness and skill expected of them, resulting in harm to the client. Breach of fiduciary duty occurs when an attorney acts in their own interest or in the interest of others, rather than in the interest of their client. Breach of contract occurs when an attorney breaches the terms of an agreement with their client.
How does a legal malpractice claim work?
Elements of a legal malpractice claim
In order to prove a legal malpractice case, the plaintiff must be able to prove four elements: duty, breach of duty, causation, and damages. The plaintiff must prove that the attorney owed a duty to the client, that the attorney breached that duty, that the breach of duty caused harm to the client, and that the client suffered damages as a result of the attorney’s breach of duty.
Statute of limitations for legal malpractice claims
Each state has its own statute of limitations for legal malpractice claims. This means that the client must file a claim within a specific time limit. If the client does not file their claim within this time limit, they will be barred from bringing legal action. It is important to seek legal advice as soon as possible if you think you have a legal malpractice claim.
What to do if you think you have a legal malpractice claim
If you suspect that you have a legal malpractice claim, it is important to contact a legal malpractice attorney as soon as possible. The attorney will review the facts of your case and determine whether you have a viable claim. If the attorney believes that you have a case, they may help you negotiate a settlement with the other party or file a lawsuit.
What to look for in a legal malpractice lawyer
Experience
When choosing a legal malpractice lawyer, it is important to look for someone with experience handling cases similar to yours. The lawyer’s experience can be a good indicator of their ability to handle your case successfully.
Reputation
Research the lawyer’s reputation among peers and former clients. Check for any disciplinary actions or complaints. This will give you an idea of the lawyer’s professionalism and overall performance.
Fees
Discuss the lawyer’s fees upfront and make sure they are transparent and reasonable. This will help you avoid unexpected costs and ensure that you can retain the lawyer’s services through the duration of your case.
In conclusion, legal malpractice can be a complex issue that requires the expertise of a knowledgeable attorney. If you suspect that you have a legal malpractice claim, it is important to take action as soon as possible. Legal malpractice claims have a specific time limit which means that if you wait too long, you could be barred from bringing legal action. Seek out a reputable and experienced legal malpractice attorney who can provide you with guidance and support throughout the legal process.
