Home

Privacy
About Us
Contact Us
Link To Us
Advertise
Personal Injury Blog

IN LAW

Assault & Battery
Bad Faith Insurance
Car Accidents
Clergy Sexual Abuse
Defamation of Character
Definition of Libel
Dog Animal Bites Law
Dram Shop Liability
DUI Laws
Elder Abuse Law
Employment
Enviornmental Law
False Arrest
False Imprisonment
Gender Discrimination
Infliction of Emotional Distress
Invasion of Privacy
Legal Malpractice
Malicious Prosecution
Nursing Home Abuse & Neglect
Personal Injury Advice
Personal Injury Cases
Personal Injury Claims
Personal Injury Compensation
Personal Injury Insurance
Personal Injury Investigations
Personal Injury Lawsuits

Personal Injury Settlements
Police Misconduct
Premises Liability
Recovered Memory
Restorative Justice
Settlement Funding
Sexual Harassment
Slander Laws
Whistleblower Laws
Wrongful Death

Wrongful Termination

OF LAWYERS

Personal Injury Lawyers By State:

AK AL AR AZ CA CO CT DC DE
FL GA HI IA ID IL
IN KS KY LA
MA
MD ME MI MN MO MS MT
NC
ND NE NH NJ NM NV NY
OH OK OR PA RI SC SD TN
TX
UT VA VT WA WI WV WY

Personal Injury Lawyers
-
Asbestos
- Car Accident
- Domestic Violence
- Medical Malpractice
- - Birth Injury
- - Brain Injury
- Product Liability

LEGAL TERMS

Legal Terms & Definitions
- Civil Lawsuits
- Class Action
- Compensatory Damages
- Definition of Tort
- Informed Consent
- Intentional Torts
- Loss of Consortium
- Negligence Claims
- Punitive Damages

-Statute of Limitations

OF MED. MALPRACTICE

Medical Malpractice
- Birth Injuries
- Brain Injuries
- Dental Malpractice
- Gastric Bypass Litigation
- Medication Errors
- Psychiatric Malpractice

Of Products ...

Product Liability
- Bextra
- Celebrex
- Mesothelioma
- Ultram
- Vioxx

Medical Injuries ...

Back
Foot
Hand
Knee
Mesothelioma Treatment
Shoulder

Spinal Cord

Specific Injuries ...

Asbestos Dangers
Avoiding

Blast
Boxing

Electrical
Fireworks

Lifting

Personal Safety

PPH
Skateboard
Slip and Fall
Sports

Of Interest

Celebrity Lawsuits
Frivolous Lawsuits
Funny Accidents
Hurricane Katrina
Jessica Lunsford Act
Lawsuit Abuse
Megan's Law
Tort Reform
Weird Accidents

More Info
News
FAQs
Resources

 

 

 

 

 

     
 

Legal Malpractice

Legal malpractice may have occurred if an attorney acts in a negligent or malicious manner when providing legal representation to their client. Approximately 5 - 6 percent of the lawyers in private practice in this country will be served with a malpractice claim.

 

Personal Injury Lawyer Referral
Find a qualified and extremely competent personal injury lawyer in your location.
 

This means that out of all U. S. attorneys who have malpractice insurance, approximately 35,000 every year will have a legal malpractice claim filed against them. This figure does not take into account the lawyers (roughly half) who do not have malpractice insurance.

The largest percentage of legal malpractice lawsuits are filed as the result of the plaintiffs being unhappy with the outcome of their personal injury cases. The second largest percentage of legal malpractice cases are filed in unsatisfactory real estate litigation.

In order to prevail in a legal malpractice case, the plaintiff must prove:

1. An attorney-client relationship exists
2. Negligence (or maliciousness) in the client's legal representation
3. An injury must be the result of the attorney's negligence
4. Resulting damages have to be established

It must be established that an attorney-client relationship does exist in order to proceed with a legal malpractice case. Usually proof payment for the attorney's retainer or a signed contract with the attorney spelling out what duties will be performed is all that is necessary.

Once this has been established, then the negligence of the attorney's legal representation will need to be proven. In order to do this, a "standard of care" will need to be established as a benchmark for how the attorney's behavior differed from that of an attorney acting in a "reasonably prudent" manner. Sometimes, another attorney will need to testify in court, saying what actions they would have taken in the case, had they been the client's attorney. Other times, this standard of care is so obvious, such as theft from a client, that the standard will not involve the testimony from another attorney.

If no tangible injury can be pinpointed as the result of the offending attorney's negligence, then the legal malpractice case will fail. In negligence claims, the client usually believes that they would have received more money for their own injuries, had their attorney taken specific courses of action during trial. If this casual relationship between the offending attorney's actions (or inaction) and the resulting monetary damage can be established, then only the last point needs to be proven.

The last point is the amount of damages that were the result of the attorney's misconduct. In any legal malpractice case, a dollar figure will need to be established and linked to the misconduct. Some of the most common examples of legal malpractice include the lawyer failing to a know or ascertain an important deadline such as statute of limitations, failing to secure witnesses or experts for the case, failing to properly pursue the case or forcing a settlement that unjustly harmed the client.

It is important for clients to understand that if they bring a legal malpractice case against their former attorney, this attorney may not be subject to attorney-client privilege. In order to defend themselves from the charges of legal misconduct some of all of attorney-client privilege may be breached.

Legal malpractice cases are also usually lost when an attorney makes errors, not due to neglect or malice. Errors in judgment that occurred in good faith are usually not actionable. In addition, changes that happen in the law during or after trial are not something that lawyers are usually held accountable for unless the changes had received much attention up to the actually implementation of the new law.

Some people may not think that their attorney committed legal malpractice, but rather that the attorney's bill is unreasonable. It is best to get a fee agreement upfront so that costs can be outlined and expectations set. For matters such as this, negotiating for lower fees with the lawyer would be the first step. Clients may also turn to audit companies, other attorneys or legal professionals to help assess whether or not one's primary attorney's fees are out-of-line with the standard fees within the legal community.

Many people mistakenly think that they will not be able to find an attorney who would be willing to go up against another attorney for legal malpractice in a court of law. This is simply not true. While some attorneys may be hesitant, they are also under an obligation to represent those who have been wrongfully injured. The ABA Cannons of Ethic and Model Code or "model rule" as it is sometimes called, at one time stated this specifically and now is generally accepted as part of common law that attorneys need to provide this service.

 


 

 

 

 

 

 

 


 

 


 

  COPYRIGHT 2016 ALL RIGHTS RESERVED Major Injury Law