We realize that your dependence upon and trust in your lawyer is especially important. He or she ought to give exceptional legal assistance in the times when you need it most. Though we realize the unfortunate potential of any professional producing inadequate work at times, your legal guidance is not to be taken lightly. When you feel that your lawyer is not doing their job and is conducting legal malpractice, here’s what to do:
First, not all of a lawyer’s mistakes can be considered legal malpractice. It is defined by an attorney’s negligence or intent to harm and will render damage to the client. If you find that you are being negatively impacted in some way by your lawyer, and believe that it is due to either of these causes, we advise that you proceed with the following steps.
- Prove your attorney-client relationship
- Prove negligence
- Prove causation
- Prove your financial loss
Proving your attorney-client relationship:
For this initial step, you must produce evidence that an agreement was made by your lawyer to provide for you, legal advice and assistance. This is typically officiated with a written contract or agreement.
Though an attorney cannot guarantee any particular outcome for their clients, they are expected to provide the same care and skilled attentiveness that is commonly offered by an attorney. If the services they provide seem subpar to expectations, they may be committing negligence. It is important to note however that neither an ethics violation nor failing to choose the best course of action for a case are considered negligence.
Prove causation and financial loss:
These final steps require proof that your financial loss was solely dependent upon the negligence of your lawyer. Legal malpractice will not be assumed if you theoretically would have lost in any case, independent of your lawyer’s advice.
It is important to protect yourself from the unfortunate case of legal malpractice. We are dedicated to providing you with legal advice and assistance that is most helpful to your case. If you face any sort of legal malpractice, please give us a call.