Legal QuestionWhat Is Legal Malpractice?

Legal Malpractice deals with the negligence committed by an attorney whose performance deviates from the standard of practice used by those with similar training and experience under similar circumstances.  This deviation must cause damages to his or her client.  A client cannot however sue his or her attorney for legal malpractice simply because he or she lost their actual case. The plaintiff must essentially be able to show that his or her attorney erroneously handled his or her case, and if not for the mishandling of the case, the plaintiff would have prevailed.  Although malpractice laws vary by state, in order to have a valid claim for legal malpractice against his or her attorney, most states require that the plaintiff prove the four essential elements of negligence.

What Elements Must a Client Prove in Order to Prevail in a Legal Malpractice Case Against His or Her Attorney?

When an individuals files a lawsuit for legal malpractice against his or her attorney, they must be able to prove the following:

  • Duty
  • Breach
  • Causation
  • Damages

How Can a Legal Malpractice Attorney Help?

If you have suffered financial damages as a result of your attorney’s breach of duty in handling your case, you may have a legal malpractice claim against your attorney.  You should consult with an experienced legal malpractice attorney to assist with your legal malpractice case.  Some of the a legal malpractice attorney will help you include the following:

  • A legal malpractice attorney will help evaluate and review your claim
  • A legal malpractice attorney will explain the legal malpractice laws of your state
  • A legal malpractice attorney will help gather evidence in support of your claim
  • A legal malpractice attorney will help calculate your damages

 

Click to speak to a qualified Legal Malpracticeattorney in your area today.

Hope this information was helpful!