Filing A Legal Malpractice Claim

Are you planning to file a legal malpractice claim against your lawyer for negligence? Optimize your chances of success with your legal malpractice claim by getting advice from a reputable legal malpractice lawyer.  You will need to present all your suspicions of negligence in order for your legal malpractice lawyer to begin to assess them.

There are some things you must take into consideration before filing such claim. They include:

  1. The existence of an attorney-client relationship, as the absence of such a relationship means that there is no basis for your claim and the attorney is not bound by a duty to you.
  2. Breach of contract, which happens when the lawyer was unable to perform the duties outlined in the contract.
  3. Proof of negligence which has caused injury to the client. Get a copy of all your personal and legal files from the attorney in question that may potentially serve as a proof for your complaint. Make sure you have all necessary documents in hand when you seek the counsel of a legal malpractice lawyer.

Once the aforementioned elements are satisfied, it is important to establish that injury, harm or damages were suffered as a result of the alleged legal malpractice. Any discrepancies will need to be carefully analyzed.  Negligent errors usually occur when the attorney has committed an error by failing to recognize a standard of care, has failed to file important documents or made a wrong analysis in examining the case.  Also, professional incompetence such as lack of communication in the professional relationship, unprofessional handling of the attorney-client relationship or not complying with the deadline for the filing of papers in the court, may be the basis of a legal malpractice claim.

Such actions as failing to provide services to the client’s satisfaction, failing to perform adequate research or not cooperating with the investigation may also be the basis for a legal malpractice claim unless the action or inaction is caused by an issue of law that is debatable or unsettled.  If you cannot show that any damages resulted from legal malpractice, the lawyer will definitely be entitled to a dismissal of the case. You are also not likely to have a malpractice verdict reached if new legislative changes occur after the lawyer has acted on the case in question.

When you are filing a legal malpractice claim, it is also good to know if the attorney in question has malpractice insurance to cover all your losses or personal damages prior to determining (with your legal malpractice attorney) if it is worth it to go to trial or not to recover damages.  The court may order the lawyer to pay restitution to the client if the client wins the legal malpractice suit.  It is your right to fight for restitution if you feel you have been the victim of legal malpractice.  Act promptly and with the expertise of a legal malpractice lawyer!

Leave a Comment