Legal Malpractice Attorney
Legal malpractice happens 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 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 claims are complicated as the client might now have to prove up two cases: that the lawyer committed negligence, and that the case would have ended up a lot differently.
Understanding the Most Common Legal Malpractice Claims
Legal malpractice cases generally have various layers to them, typically since they involve a lawsuit or complex business transactions. It is up to the court and jury to discover if the attorney in question acted negligently, but many things can support this effort. While not every error an attorney makes can be grounds for legal practice, there are a handful of common ways attorneys can make a mistake and increase their likelihood of being sued:
- Missed deadlines
- Misuse of finances
- Inadequate investigation
- Insufficient discovery (such as neglecting to speak with a specific witness)
- Lack of communication or errors during the communication process
- Lack of expertise
- Failure to apply the law
- Lack of consent
- Failure to properly follow directions
- Errors in strategy
- Mistakes during the planning phase of a case
- Conflict of interest
- An attorney ignoring their client
Proving Legal Malpractice
You need to 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 lawyer, and this individual did not satisfy 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 aspects and something you can count on us to uphold.
If you have any questions regarding filing a legal malpractice claim, or if you believe your attorney acted negligently and your case suffered, schedule a free consultation with us.
For more information about a 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!