Legal Malpractice
Unfortunately, lawyers, like everyone else,
make mistakes. If a client is damaged by his or her lawyer's
mistake, the lawyer may be liable for legal malpractice.
As the number of practicing lawyers grow, the number of legal
malpractice cases will likely increase at the
same rate. In fact, statistics seem to indicate that the number
of
legal malpractice cases is increasing at a rate greater than the
growth of the legal industry.
How Do You Establish
Legal Malpractice?
It can be very difficult to win a
malpractice case. Just because a lawyer may have made a mistake
does not make them liable to the client. Instead, it must be
shown that the lawyer failed to use the ordinary skill and
care that would be used by other lawyers in handling a similar problem
or case under similar circumstances.
To win a malpractice case against a lawyer
under a negligence theory, the following must be proven:
-
duty -- that the lawyer owed the client
a a duty to act properly. This is established by the existence of
an attorney-client relationship.
-
breach -- that the lawyer failed to use
ordinary skill and care that would be used by other lawyers.
-
causation -- that the lawyer's conduct
caused damages to the client.
-
damages -- that the client suffered
losses as a result.
Causation
is usually the most difficult part. After establishing that the
lawyer committed malpractice, you must then prove that you would have
won the case but for the mistake, and that you would have been able to
collect money from the defendant in the underlying case.
What To Do If You
Suspect Legal Malpractice......
If you suspect that your lawyer committed legal malpractice, you should
try and arrange a meeting with your lawyer to discuss the situation in
detail. If the lawyer refuses to meet with you or won't directly
answer your questions, then by all means consult an attorney for a
second opinion. You should be careful about firing
your current lawyer until you have another lawyer to take over your
case. Otherwise you might be left with a case and no lawyer!
Remember That Time Is
Of
The Essence...
You should not delay in speaking with a lawyer if you are think that
your lawyer committed legal malpractice. A successful case must
be
investigated immediately. Evidence must be preserved. Additionally, the
law provides certain time limitations in which action must be taken. If
the required action is not taken within that time, your case will be
lost forever!
Contact Us Today at (310)
578-9777
for a Free Consultation!
Don't Delay!
Any delay in contacting a lawyer can damage your case!
Contact
us
for more info
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