Legal Malpractice Lawyer
Legal malpractice occurs when an attorney breaches the requisite standard of care customary to the practice of law.
Unfortunately, even attorneys with good intentions can sometimes make mistakes. When a lawyer fails to act with common prudence 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 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 usually have several layers to them, usually since they involve a lawsuit or complicated business transactions. It is up to the court and jury to discover if the lawyer in question acted negligently, but various 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 attorneys can make a mistake and increase their likelihood of being sued:
- Missed deadlines
- Misuse of finances
- Inadequate investigation
- Inadequate discovery (such as failing to speak to a particular witness)
- Lack of communication or errors during the communication process
- Lack of knowledge
- Failure to apply the law
- Lack of consent
- Failure to correctly follow directions
- Mistakes in strategy
- Errors during the planning phase of a case
- Conflict of interest
- An attorney ignoring his or her 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 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 direct, honest approach to every client. Communication is among the most important aspects and something you can rely 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, arrange a free consultation with us.
For more information about a Legal Malpractice Lawyer in Anaheim, California, contact Thomas K. McKnight LLP at (800) 466-7507 or visit our website at TKMLLP.Com for a free consultation!