Am I The Victim of Legal or Professional Malpractice?

You hear about the most sensational cases in the news, like when the family lawyer is caught gambling with an orphaned child’s trust funds. And although when you hear of these cases your compassion goes out to the innocent victims, like most of us, you just think malpractice will never happen to you.

Professional malpractice occurs when a professional, such as a lawyer or a doctor, fails to abide by the laws or standards that they are required to follow.  When a lawyer fails to follow professional standards, it is called legal malpractice. Often, this failure results in an injury to the lawyer’s client, such as the dismissal of the client’s case. A client depends on his or her lawyer for guidance and support in navigating the confusing legal system, and it is a distressing reality when a client suffers an avoidable injury based on the lawyer’s conduct.

All of our lawyers consider this to be an insult to the legal profession, and we will work hard to restore your faith in the legal system. If you believe a lawyer working for you has failed to follow legal standards, we can help you determine your next steps.

During a consultation regarding legal malpractice, we must determine three things:

(1) That your former lawyer agreed to represent you in a legal action.
This can be proven by showing us the contract you and your former lawyer signed.

(2) That your former lawyer breached a duty to you.
Examples include missing a deadline or failing to file a timely appeal. Poor judgment by an attorney does not qualify as a breach of duty. The mistake your former lawyer made must be one that no other reasonable attorney would have made.

(3) That you were harmed, injured, or penalized by your former attorney’s actions.
You will have to prove that the outcome of your lawsuit would have been different had your former attorney acted properly. For example, you would have won your case.

All of these inquiries are critical to determining whether a legal malpractice lawsuit is appropriate.  Legal malpractice actions are complex and expensive, so it is important to carefully evaluate each case before filing a lawsuit.

If you would like more information on understanding your rights following legal malpractice, read Legal and Professional Malpractice: What They Are and When They Apply in our Article Library or call me at 901-680-9777.