When you hire an attorney to represent you in court or any arrangement that you might need legal representation in, you expect nothing but the best. But what happens when instead of making things right, your attorney screws the situation up? Well, there is no straight up answer to that, but there is one course of action that you can take to correct the situation. That is file a legal malpractice case. Here is all you need to know about these types of cases.
What Is Legal Malpractice?
Legal malpractice refers to a situation where an attorney doesn’t follow or perform per the accepted standards of practice and as such causes damages to the client. In other words, legal malpractice occurs when a lawyer fails to handle a particular legal situation as per the proscribed codes of ethics, resulting in an undesired outcome. On that note, it is essential to note that not getting what you expected from a case doesn’t mean you have a malpractice case.
Legal Malpractice Occurs When Your Attorney
– Is negligent
If the lawyer you hired to handle your case doesn’t treat it as professionally as an average attorney would, then this means they are negligent. For instance, if during the trial they kept on missing the court dates, showed up to court late or failed to submit certain documents that would have helped strengthen your suit causing you to lose the case, then you may file a legal malpractice case based on negligence.
– Breaches fiduciary duty
Whenever you hire an attorney to represent you, they are obligated by the law to act in your best interest. This is known as a fiduciary duty. In respect to that, you have a viable legal malpractice case if your attorney breaches their fiduciary duty. For instance, if you are involved in a personal injury case and your attorney settles it without your knowledge or permission agreeing to an amount of compensation that you wouldn’t have otherwise accepted then you can file a malpractice suit against them.
– Breaches a contract
Whenever you hire a lawyer, the two of you sign a contract. If your attorney breaches the contract, then he has committed malpractice, and it is your legal right to sue him/her. An instance of a contract breach is when your attorney fails to return your calls or hasn’t responded to your messages or texts for a long time. You can sue them because as your attorney, it’s a legal requirement that they keep in touch with you.
Why Hire An Attorney To Help You Out
Due to the amount of evidence required, it is very hard for an Average Joe to win a malpractice case without representation. Keep in mind that you will be going against a skilled legal practitioner in court if you file the lawsuit. Other than that, here are more reasons to hire a competent legal malpractice attorney Los Angeles.
Unlike you, licensed malpractice attorneys have been professionally trained. On top of that, they deal with such cases every day. They, therefore, know how to approach your case to increase your chances of winning.
To Help You With The Paperwork
There’s a lot of paperwork involved in a legal malpractice case. Failure to submit the required paperwork or a simple error during the filling process can easily cause you to lose the case. Having a malpractice attorney by your side, however, eliminates the chances of that happening. First, they will ensure that you have all the needed papers. Secondly, they will guide you during filling to ensure that you don’t make any costly mistakes or omissions that might weaken your case.
Advises You On The Best Course Of Action
As noted earlier, legal malpractice cases are very hard to win. Consulting a skilled attorney beforehand is vital as they will advise you on the best course of action. He/she will analyze your case and tell you whether it’s worth pursuing or not. This will save you both time and money as well spare you the agony of having to pursue a losing case.
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