LEGAL MALPRACTICE - Laws that Govern Attorney Actions
Legal malpractice occurs when an attorney has negligently breached their duty to their client. Attorneys have many responsibilities to clients, including a duty to properly explain all matters in a case, a duty to properly manage the client's funds, and a duty to represent the client to the best of their ability. In order for a client to have a legal malpractice claim, they must demonstrate that the attorney's negligence caused them financial harm. Any client who feels they have been harmed by a lawyer's actions regarding a legal matter, should consult a legal malpractice attorney for assistance.
Elements of Legal Malpractice
Attorney negligence arises when an attorney has behaved in such a manner that they have not lived up to the state Bar standards set by the profession. If an attorney loses a case, or exercises poor judgment or strategy during the case, the client does not necessarily have a claim for legal malpractice. In order to prove attorney negligence, a client must show that their attorney made such an error and that a reasonable attorney in the same position would not have made this mistake. A client may also prove an attorney acted improperly if the attorney deliberately placed their interests above the clients, or was in violation of the contract they signed with the client After demonstrating an attorney has behaved improperly either through negligence or intentional acts, the client must show that the attorney's behavior caused the client some sort of financial harm.
Legal Malpractice Attorneys
A legal malpractice claim must be filed in a timely manner and according to the procedure of the jurisdiction, so it is important to consult a legal malpractice attorney prior to taking any action. Legal malpractice attorneys will help a client recover damages against their former attorney and handle any legal procedures in a manner best for the client.