With all the types of malpractice suits about, people claim that the only ones who benefit are the lawyers. The fact is that lawyers run as high of a risk of a malpractice suit as any other profession. Between the years of 1995-1999 the amount of legal malpractice suits nearly doubled the purpose of this article is to answer some of the questions most commonly answered questions regarding legal malpractice lawsuits and help you to decide if you should pursue a claim.
What exactly is legal malpractice?
Legal malpractice exists in many forms. Some examples are illegal title searches in real estate transactions, charging excessive fees and or substandard performance. Conflict of interest is also a possibility. There are many other examples.
What do I have to do to claim legal malpractice?
The first thing that you need to do is to establish that an attorney client relationship existed between you and your lawyer. Once this has been established you need to present your case to a new attorney. They will need to prove that without the legal malpractice your case would have more than likely been won. They will see if your original attorney was negligent and if your case would have otherwise been successful. They are actually working two cases in a way.
What if I was forced to settle a case but didn't really want to?
You may have a case for legal malpractice. Your first case would have to be reviewed to see if any other attorneys would have made the same decision, if not then chances are you have a case. You may have had to settle for less money because your lawyer wasn't adequately prepared. This would constitute legal malpractice and you may be able to collect damages.
What if I am just not happy with the result of my case?
This may not necessarily be legal malpractice. You have to show you lost your case through negligence or incompetence. Just not likening the result is not sufficient enough grounds to bring a legal malpractice suit.
Lawyers now more than ever are being sued for legal malpractice. The amount of claims is ever increasing. Legal malpractice is far more common than most people would imagine, and our lawyers are ready to help you fight back against those who have wronged you. Contact us today.