What Is an Attorney Malpractice Lawsuit? Your Legal Rights
Attorney malpractice occurs when an attorney breaches their duty of care and causes financial losses to their client. You must prove three elements: an attorney-client relationship existed, the attorney failed to provide competent representation, and you suffered financial damages as a direct result.
Answer Your LawsuitWhen you hire an attorney, you expect competent representation. You trust them to provide accurate advice for crucial decisions. You depend on their expertise to protect your interests.
Problems emerge when attorneys give bad advice or fail to meet legal standards. Attorneys can make mistakes. However, not every error qualifies as malpractice.
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Respond to Your LawsuitYou may have a malpractice case if an attorney’s actions caused financial losses. Your claim must meet strict requirements to satisfy the court’s definition of attorney malpractice.
Elements of an Attorney Malpractice Lawsuit
The court has strict standards that define attorney malpractice. You must prove three essential elements.
Attorney-Client Relationship
First, you must establish that an attorney-client relationship exists. Proving the relationship is typically straightforward with a legal contract. An attorney-client relationship exists if you hired an attorney to represent you.
No relationship exists from a free consultation alone. You must prove you decided to hire the attorney.
Breach of Duty
Second, you must prove your attorney broke their duty of competent representation. All attorneys must abide by a code of ethics. They must represent clients fairly and with due diligence.
No attorney can guarantee you will win your case. However, they must use their knowledge to recommend the best course of action. Their advice must align with the law and your interests.
Financial Damages
Finally, the attorney’s actions must have caused financial losses. No claim exists if you suffer no economic harm. The negligence or malicious actions must directly result in monetary damages.
Real-World Example of Attorney Malpractice
Consider a personal injury claim where the plaintiff files a lawsuit after a car crash. The defendant was speeding at 100 mph and ran a stoplight. The plaintiff sustained severe back injuries and a traumatic brain injury.
Before the court date, the defendant’s insurance company offers a $5 million settlement. The attorney fails to inform their client of the settlement offer. The case goes to court.
The judge dismisses the case because the statute of limitations expired. The plaintiff loses everything.
If the attorney had informed the client, they would have accepted the settlement. The client has no recourse since the deadline passed. The insurance company canceled the offer.
The client has a strong attorney malpractice claim. An attorney-client relationship existed. The attorney broke their duty by failing to notify the client. The client suffered substantial financial damages.
Common Types of Attorney Malpractice
Most attorney malpractice claims arise from inadequate care. Attorneys can commit malpractice in several ways.
Missing Important Deadlines
An attorney who misses important deadlines may commit malpractice. Failing to file a lawsuit within statute limitations qualifies. Not notifying a client of settlement offers with expiration dates also counts.
Inadequate Investigation
Another form of malpractice is failing to investigate claims appropriately. All claims must undergo a discovery process. The lawyer must gather evidence and review applicable laws. They must research previous legal decisions related to your lawsuit.
If the attorney mismanages discovery, they may commit malpractice. Poor preparation can cost you your case.
Ignoring Client Instructions
Attorneys must follow each client’s instructions. If you ask your lawyer to do one thing, they must comply. When a lawyer does the opposite or ignores instructions, they may face malpractice claims.
Conflict of Interest
Attorneys must avoid conflicts of interest when representing clients. A conflict exists if the attorney provides legal advice to a business. Then that attorney takes on a client who is suing that business.
Choosing another attorney without ties to the opposing party protects your interests. Conflicts of interest undermine your case from the start.
When to Pursue an Attorney Malpractice Claim
You should pursue a malpractice claim if you meet all three elements. You need proof of an attorney-client relationship. You must show the attorney breached their duty of care. You must demonstrate financial damages resulted from their actions.
Document everything from your original case. Keep all correspondence with your former attorney. Save contracts, emails, and notes from phone conversations.
Gather evidence showing how the attorney’s actions harmed you. Calculate your financial losses precisely. Include lost settlement offers, dismissed cases, and additional legal fees.
How to Protect Yourself From Attorney Malpractice
You can take steps to protect yourself when hiring an attorney. Research potential attorneys thoroughly before making a decision.
Check their credentials and disciplinary history. Review client testimonials and case outcomes. Ask about their experience with cases similar to yours.
Maintain open communication throughout your case. Request regular updates on your case status. Ask questions when you don’t understand something.
Keep copies of all documents related to your case. Track all deadlines and important dates yourself. Stay informed about settlement offers and court proceedings.
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What to Do If You Suspect Attorney Malpractice
If you suspect attorney malpractice, act quickly. Consult with a different attorney who specializes in malpractice claims. They can evaluate whether you have a valid case.
File a complaint with your state bar association. They investigate attorney misconduct and discipline attorneys when appropriate. However, a bar complaint doesn’t provide financial compensation.
Consider filing a civil lawsuit for damages. You may recover the financial losses caused by the attorney’s malpractice. A successful malpractice claim can provide the compensation you deserve.
Time limits apply to attorney malpractice claims. Most states have statutes of limitations ranging from one to three years. Don’t delay taking action if you believe you have a case.