Legal Malpractice Attorney
Legal malpractice takes place when a lawyer breaches the requisite standard of care customary to the practice of law.
Unfortunately, even attorneys with good intentions can sometimes make mistakes. When an attorney fails to act with regular caution and the client experiences either a lost case or is forced to settle for a much lower amount, legal malpractice may have occurred.
Legal malpractice cases are complicated as the client might now need 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 usually have several layers to them, usually since they include a lawsuit or complex business transactions. It is up to the court and jury to discover if the attorney in question acted negligently, but various things can support this effort. While not every error a lawyer makes can be grounds for legal practice, there are a handful of common ways lawyers can make a mistake and increase their possibility of being sued:
- Missed deadlines
- Abuse of finances
- Insufficient investigation
- Insufficient discovery (such as neglecting to speak to a particular 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 pursue a legal malpractice case:
- The lawyer owed his or her client a duty of care.
- The lawyer breached that duty of care.
- By breaching that duty, the attorney 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 satisfy 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 important elements and something you can count on us to maintain.
If you have any questions regarding filing a legal malpractice case, 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 Tustin, California, contact Thomas K. McKnight LLP at (800) 466-7507 or visit our website at TKMLLP.Com for a free consultation!