Did you know that a recent survey by risk management advisers Ames & Gough reveals that verdicts and settlements for legal malpractice claims have reached an all-time high? Hiring a lawyer involves a significant amount of trust, as they are your allies when it comes to addressing legal matters, whether personal injury, contract disputes, criminal defense, or other legal issues.
Clients rely on their lawyers to provide competent and diligent representation. But what happens when a lawyer fails to meet these expectations? According to legal malpractice attorney Brian Steed Tatum, clients may have grounds to sue their lawyer for negligence when their lawyer violated their professional code of ethics intentionally or harmed a client with negligence of any kind.
Let’s look at these circumstances that may support a valid claim for legal malpractice.
Understanding Lawyer Negligence
Negligence may happen if your lawyer fails to meet the standard of care expected in handling your case. This could include failing to file important documents on time, providing incorrect legal advice, or not communicating important information to you. Lawyer negligence can also include situations where your attorney breaches their fiduciary duty to you. This duty requires lawyers to act in their clients’ best interests and avoid conflicts of interest. It could be considered negligence if your lawyer puts their interests ahead of yours, fails to disclose relevant information, or fails to uphold the expected standards of competence, communication, and ethical behavior.
You need to understand what constitutes lawyer negligence in order to recognize when you may have a valid legal malpractice claim. If you’re in doubt, legal malpractice lawyers can assist you in assessing the validity of your claim.
Elements of Legal Malpractice
Understanding the key elements of legal malpractice is necessary for identifying instances of lawyer negligence in handling your case. Legal malpractice typically involves four key elements that must be proven for a successful claim. The first element is the existence of an attorney-client relationship, which establishes the duty of care owed by the lawyer to you as the client.
The second element is a breach of that duty, meaning that the lawyer failed to meet the standard of care expected in handling your legal matter. The third element requires showing that this breach of duty directly caused harm or damages to you.
The fourth element involves demonstrating the specific damages or losses suffered as a result of the lawyer’s negligence.
Proving Lawyer Negligence
To establish lawyer negligence, you must present compelling evidence of the attorney’s failure to meet the expected standard of care in handling your legal matter.This evidence typically involves demonstrating that the lawyer breached their duty to you as a client. This breach of duty could manifest as errors in legal strategy, missed deadlines, lack of communication, or other forms of
incompetence that directly harmed your case.
One way to prove lawyer negligence is by showing that a competent attorney in a similar situation would have acted differently and achieved a better outcome for you. This comparison helps establish the deviation from the standard of care expected in legal practice.
You can rely on documentation such as communication records, court filings, expert opinions, and other relevant materials to support your claim. These pieces of evidence can strengthen your case by providing examples of how the attorney’s actions fell short of what was required in your legal representation.
Potential Damages in Lawsuits
Potential damages in lawsuits can include compensation for financial losses, emotional distress, and punitive damages.You may be entitled to recover the money you lost if you have suffered financial harm from your lawyer’s negligence. This can cover various aspects such as lost opportunities, legal fees incurred to rectify mistakes, or any other direct financial losses caused by your lawyer’s errors.
In addition to financial losses, emotional distress damages may be awarded in certain cases. If your lawyer’s negligence has caused you significant stress, anxiety, or other emotional hardships, you may seek compensation for these intangible harms. Document how the negligence affected your mental and emotional well-being to support your claim for emotional distress damages.
Punitive damages are another type of compensation that may be available in lawsuits involving lawyer negligence. Punitive damages are designed to punish the lawyer for their egregious conduct and deter others from engaging in similar behavior in the future. These damages are awarded on top of any compensatory damages and are meant to send a message that such negligence won’t be tolerated.
Steps to Take If Negligence Occurs
Keep detailed records of any communication, including emails, letters, and notes from meetings. If possible, gather evidence such as incorrect legal advice given, missed deadlines, or mishandled paperwork. This documentation will be crucial in proving your lawyer’s negligence. After documenting the negligence, consider addressing the issue directly with your lawyer. Clearly outline your concerns and give them an opportunity to rectify the situation. Sometimes, miscommunications or mistakes can be resolved through open communication.
If discussing the problem with your lawyer doesn’t lead to a satisfactory resolution, consult another legal professional to get a second opinion on the matter. This step can help you understand the severity of the negligence and explore potential legal actions you can take.
Conclusion
If you believe your lawyer has been negligent in handling your case, you may have the right to sue for legal malpractice. By taking these steps, you can potentially recover damages for any harm caused by your lawyer’s negligence.
Note: This is a collaborative post
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