Legal Malpractice Attorney
Legal malpractice occurs when a lawyer breaches the requisite standard of care customary to the practice of law.
Unfortunately, even lawyers with good intentions can at times make mistakes. When a lawyer fails to act with ordinary caution and the client experiences either a lost case or is forced to settle for a much lower amount, legal malpractice might have taken place.
Legal malpractice cases are complicated as the client may now have to prove up two cases: that the attorney committed negligence, and that the case would have ended up much differently.
Understanding the Most Common Legal Malpractice Claims
Legal malpractice cases generally have several layers to them, often since they include a lawsuit or complicated business transactions. It depends on the court and jury to discover if the attorney in question acted negligently, but numerous factors can support this effort. While not every error an attorney makes can be grounds for legal practice, there are a handful of common ways lawyers can make an error and increase their chance of being sued:
- Missed deadlines
- Abuse of finances
- Insufficient investigation
- Inadequate discovery (such as neglecting to speak to a specific witness)
- Lack of communication or mistakes during the communication process
- Lack of knowledge
- Failure to apply the law
- Lack of consent
- Failure to properly follow instructions
- Errors in strategy
- Mistakes during the planning phase of a case
- Conflict of interest
- An attorney ignoring their client
Proving Legal Malpractice
You must be able to prove the following to seek a legal malpractice case:
- The attorney 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 lawyer, and this person did not meet the legal profession's standard duty of care.
At Thomas K. McKnight, we take great pride in taking a direct, honest approach to every client. Communication is among the most vital factors and something you can rely on us to maintain.
If you have any questions regarding filing a legal malpractice case, or if you think your attorney acted negligently and your case suffered, arrange a free consultation with us.
For more information about legal malpractice attorney in Santa Ana, California, contact Thomas K. McKnight LLP at (800) 466-7507 or visit our website at TKMLLP.Com for a free consultation!