Too often the tremendous trust people place in their lawyers is betrayed, with serious consequences to the victims. When this happens, it may be due to attorney malpractice. "Malpractice" means negligence by a professional such as a lawyer or doctor. In order to prove legal malpractice, you must prove:
An attorney-client relationship, which can sometimes be shown indirectly, such as when you are the intended beneficiary of the attorney's work. A common example of this is when an attorney negligently drafts a will and as a result, the beneficiary loses the intended bequest;
A failure by the attorney to handle your matter with the skill and knowledge that was required in handling your legal matter; and
Damages caused by the malpractice.
Common types of legal malpractice include:
The failure to meet deadlines, including the statute of limitations;
Lack of competence in the subject matter;
Lack of informed consent - many legal matters have risks that must be discussed with the client so that the client can make good decisions about the matter;
Conflicts of interest - attorneys can serve only one master at a time; when an attorney puts the interests of himself or another client ahead of yours without a full disclosure of the nature and the extent of the conflict and your consent to the conflict, this is negligence.
Legal malpractice cases are always complex and time consuming, and attorneys and their insurers will do everything necessary to protect the assets of the attorney, including his professional reputation. If you believe that you have been harmed by attorney malpractice, you need to obtain aggressive, experienced legal representation today!
