When you believe you have a case of legal malpractice, you may want to discuss your case with another attorney. This consultation will help you learn whether your first attorney committed acts or omissions that no reasonable jurist would make under similar conditions. Your best bet is to discuss the situation as quickly as possible to avoid any legal delay that could be harmful.
— Review a legal malpractice attorney by clicking here.
Common Types of Attorney Malpractice
There are three main types of attorney malpractice:
If your attorney did not treat your case as well as an average attorney should, then your attorney was probably negligent in handling your case. Your attorney may have committed malpractice, and can be held liable for any damages you suffered as a result.
- Breach of Fiduciary Duty
If an attorney acts in his own best interest instead of yours and your case is adversely affected because of it, your attorney has probably committed malpractice by breaching his fiduciary duty. You can sue your attorney for the damages you suffered.
- Breach of Contract
When you hire an attorney, you sign a contract with him. If he fails to do what the contract obligates him to do, then he has committed malpractice and you may be able to recover damages.
Examples of Attorney Malpractice
There are many ways an attorney can commit malpractice. Here are a few common examples of lawyer malpractice:
If your attorney makes outrageous mistakes, such as missing court dates and deadlines, failing to properly submit documents to the court, or otherwise being irresponsible, your attorney may have committed malpractice.
- Bad Checks
If your attorney sends you a check from his own account for damages you’ve won, and the check bounces, your attorney may have committed malpractice.
- Settling Without Your Permission
If your attorney settles a case without your permission, your attorney may be liable for malpractice.
- Failing to Contact You
If your attorney has not returned your phone calls or responded to your letters for a long period of time, he may have committed malpractice.
Legal Malpractice F.A.Q.’s
- What is Legal Malpractice?
- How long can I wait before I sue for Legal Malpractice?
- Where should the suit be filed?
- How do I find a good Legal Malpractice attorney?
- What will I need to prove my claim?
- What is “Fiduciary Duty?”
I Think My Attorney Has Committed Malpractice, What Should I Do?
The first thing you should do is file a complaint with your attorney’s State Bar Association. The Bar Association is an organization that licenses and regulates attorneys for each individual state. The Bar Association cannot, however, help you recover any damages you’ve suffered. To recover damages, you have to sue your attorney in court.
Do I Need an Attorney to Help Me with My Attorney Malpractice Problem?
Proving that your attorney committed malpractice can be difficult. You have to know exactly what constitutes malpractice and show that your attorney actually committed malpractice. An experienced malpractice attorney can help you determine whether or not you’re a victim of attorney malpractice. Additionally, a lawyer can file a lawsuit on your behalf and help pursue your attorney malpractice case in court if necessary.
Legal Malpractice Articles
Suing Your Lawyer for Malpractice
Legal Malpractice Law and Litigation
Brief Synopsis of Legal Malpractice Law
Understanding Legal Malpractice