At some point in life, you may need legal representation. In that case, you will hire a lawyer in full faith that he/she will offer his or best abilities to assist you to win a case. What will you do if the attorney fails to do as required, mishandles your case, and makes mistakes? You should consider seeking legal malpractice attorney to sue the lawyer for legal malpractice.
As a plaintiff, you should prove the code of conduct of the lawyers breached. Also, prove that if they were not breached, the plaintiff could not have suffered financially. In proving a legal malpractice case, you should meet the following criteria: A plaintiff ought to prove that a lawyer-client relationship existed and also prove that the lawyer failed to offer competent representation. Moreover, you need to show that the violation resulted in the plaintiff suffered injury and it led to financial loss.
Types of legal malpractice
Breach of contract
Usually, you are required to have a written agreement between you and your attorney. If your attorney rejects to do what is agreed in the contract, then he or she will be considered to have committed legal malpractice. In this case, he or she ought to be held responsible for the damages.
Breach of fiduciary duty
The attorney must act in your best interests. If he or she neglects to act in your best interests and rather acts in his or her interests, and you lose the case, then a legal malpractice has occurred.
Negligence
Your lawyer is obliged to represent you just like any other competent lawyer does under same circumstances. If an attorney neglects to handle the case sufficiently and satisfactorily, he or she can be at fault for committing legal malpractice. In this case, the attorney can be held legally liable for damages.
Examples of legal malpractice
Attorney is incompetent
If your case is thrown out because of the lawyer’s failure to carry out his or her work or incompetence, then you have a reason to file a malpractice claim. In this case, you should prove that if the case was handled accordingly, you would have got a fair judgment. If you become successful in proving the case, then the attorney should compensate you the money.
Your lawyer fails to communicate
If the attorney fails to communicate concerning details of the case, it can be frustrating on your part but may make you look for another lawyer.