Legal Malpractice

Legal malpractice includes breach of contract, fiduciary duty, or inegligence which causes harm to the client. This generally occurs when a lawyer misses a deadline for filing court documents or a court date which affects the outcome of a case.

Breach of fiduciary duty is when an attorney acts on their own best interests rather than the best interests of the client. Breach of contract is when the attorney doesn't follow through on a written agreement.

Elements of a Legal Malpractice Case

• An attorney-client relationship is established
• Incompetency to practice law to established standards of diligence, skill, and care
• Incompetency of the attorney resulted in client injury
• The extent of the attorney's alleged negligence
• Failure resulted in damages

Common Examples of Legal Malpractice

• Failure to contact - if the lawyer doesn't return letters, phone calls, or emails
• Bad checks - if the attorney's company check to pay a settle bounces
• Settling without permission - the lawyer settles the case without consulting the client
• Colossal blunders - outrageous mistakes such as irresponsible behavior like missing court dates

If you believe your attorney has committed malpractice, you should first file a complaint with your State Bar Association. Legal malpractice cases are uncommon and difficult to prove.

You need to consult a malpractice attorney right away. Your malpractice attorney can help you determine the merits of your case.