Legal Malpractice Attorney
Legal malpractice occurs when a lawyer breaches the requisite standard of care customary to the practice of law.
Unfortunately, even attorneys with good intentions can at times make mistakes. When an attorney fails to act with regular prudence and the client suffers either a lost case or is forced to settle for a much lower amount, legal malpractice might have taken place.
Legal malpractice claims are complicated as the client may now need to prove up two cases: that the attorney committed negligence, and that the case would have turned out much differently.
Understanding the Most Common Legal Malpractice Claims
Legal malpractice cases usually have multiple layers to them, typically because they involve a lawsuit or complicated business transactions. It is up to the court and jury to discover if the attorney in question acted negligently, but many factors can support this effort. While not every mistake a lawyer makes can be grounds for legal practice, there are a handful of common ways attorneys can make an error and increase their chance of being sued:
- Missed deadlines
- Abuse of finances
- Insufficient investigation
- Inadequate discovery (such as neglecting to talk to a specific witness)
- Lack of communication or mistakes during the communication process
- Lack of expertise
- Failure to apply the law
- Lack of consent
- Failure to correctly follow directions
- Errors in strategy
- Errors during the planning phase of a case
- Conflict of interest
- A lawyer ignoring their client
Proving Legal Malpractice
You must be able to prove the following to seek a legal malpractice claim:
- The lawyer owed their client a duty of care.
- The lawyer breached that duty of care.
- By breaching that duty, the lawyer directly caused damage to the client.
In summation, you have to prove that you had a legal relationship with the attorney, and this individual did not meet the legal profession's standard duty of care.
At Thomas K. McKnight, we take great pride in taking a straightforward, honest approach to every client. Communication is among the most crucial elements and something you can rely on us to uphold.
If you have any questions about filing a legal malpractice claim, or if you think your lawyer acted negligently and your case suffered, schedule a free consultation with us.