Legal malpractice is a complex legal domain that our attorneys would help you navigate
If the inability of your attorney to serve you professionally caused you harm, you could sue the attorney for fiduciary duty breach or legal malpractice.
Legal malpractice could take several forms, although such a malpractice usually happens through:
- Conflict of interest arising between the interests of the lawyer and the client
- Administrative errors (which includes clerical errors of the attorney and failure to calendar)
- Substantive blunders (such as ignorance of law)
- Client relations (not working as per client instructions)
- Doing wrong intentionally or out of purpose (libel, fraud, civil rights, malicious prosecution, theft, etc.)
What You Must Do
If you think your attorney damaged your case or your chances of winning a court battle, get in touch with us so that we would discuss what happened with you. Our experienced lawyers would go through your case and suggest the best action possible.
Each year, several billion dollars are lost and gained in business dispute litigations across the country. Litigation costs in the existing modern business scenario is a cost that you should account for in your long-term business strategies.
Commercial litigation lawyers enter the scene when the risks and rewards are high. From big international and national corporations to private business professionals, our company has been handling litigation cases that have affected the nucleus of a firm’s financial or business life. We offer our expert legal services to company owners and working professionals.
What Does Legal Malpractice Mean?
Legal malpractice could arise when an attorney acts negligently while offering legal representation or advice. The following is an outline of the various laws that relate to legal malpractice and the standard set of defenses. If you have queries or doubts about a particular incident of likely legal malpractice, you must check with an attorney who is licensed to work in your region on the particular legal malpractice action elements, and analyze whether the incident could amount to malpractice as per your state’s laws.
At the Law Offices of Matthew C. Hines, our legal malpractice attorneys evaluate alleged legal malpractice cases. Lawyers who defend or sue law firms or other lawyers must possess the judgment and experience to assess the claims’ weaknesses and strengths to manage their litigation efficiently. As legal malpractice complainants are under obligation to prove that the conduct of a lawyer was not as per expectations, attorneys defending and prosecuting legal malpractice cases should understand applicable laws and use expert testimonies effectively. Legal malpractice lawyers should also comprehend and critically examine the complainant’s legal burden to prove the firm or lawyer’s conduct truly caused harm, which in several jurisdictions requires the plaintiff to prove multiple cases.
Some defenses available are legal malpractice case-specific. Lawyers handling fiduciary duty breach and malpractice claims must have a solid standing in the ethical rubrics that govern lawyer conduct, as such claims usually arise from suspected violations of the rules and their declaration could implicate the ethical obligations of a lawyer.
Proving Legal Malpractice
As the aforementioned elements indicate, a plaintiff should first prove the lawyer-client relationship existed, before trying to prove an incident of legal malpractice. When there is no lawyer-client relationship, the attorney has zero duty to their client, which means there is absolutely no basis for malpractice action. A plaintiff must then assert the “care standard” that governed the lawful representation, and exhibit that the lawyer breached that standard. At times, this is straightforward, and may not require expert testimonies. For instance, if an attorney steals money that was held in trust on behalf of a client, it clearly is a case of violation of lawful duty.
However, since legal representation can be complex, it is usually important to seek assistance of an expert witness for establishing the governing standard and describing how the standard of care was violated by the lawyer. Once those aspects are satisfied, the next step is to demonstrate how the lawyer’s negligence resulted in the plaintiff suffering an injury. For instance, if the attorney doesn’t make any evidence-based objection, the criminal defendant could have a solid legal malpractice case on their hand. However, if the defendant makes a murder confession, and talks about leaving fingerprints all across the house of the victim, and was nabbed while using the credit cards of the victim, the defendant will be unable to demonstrate that the attorney’s mistake influenced the case’s outcome, and therefore cannot show the injury was due to negligence.
Similarly, if the nexus between the alleged negligent act and damage incurred is highly attenuated or speculative, it would perhaps not support a legal malpractice claim – the injuries suffered should usually be a rational and conceivable consequence of the lawyer’s negligence. At the end, the plaintiff should customarily establish the actual damages suffered, and the amount and nature were due to legal malpractice. Even if various other elements of the case of malpractice have been established, the attorney could still be entitled to the case’s dismissal if the plaintiff fails to demonstrate the damages incurred were due to legal malpractice.
Seek the Guidance of the Law Offices of Matthew C. Hines
Have you involuntarily become a victim of legal malpractice? Even if you’re unsure, the best thing to do is to contact the Law Offices of Matthew C. Hines and request a consultation so that we may go over all the facts. Our experienced legal malpractice attorneys can determine whether you may or may not have a case. Call us at 770-941-0913.