Questions about Legal Malpractice

Atlanta, Georgia

Does any mistake my lawyer makes constitute legal malpractice?

Attorneys are human and, like anyone, can make mistakes. A mistake in and of itself does not constitute legal malpractice. Rather, an attorney’s act of negligence that weakens the resolution of your lawsuit or causes you to lose a lawsuit may provide the basis for a legal malpractice claim.

If my attorney’s tactics were a failure, do I have a legal malpractice case?

A lack of effectiveness of your attorney’s strategies is generally not a cause for filing a legal malpractice claim. However, if your attorney did not meet the accepted standard level of representation through unethical, illegal or otherwise negligent behavior, you may be able to pursue a legal malpractice lawsuit. A consultation with the Atlanta legal malpractice attorney at Robbins & Associates can help determine your best course of action.

If my attorney accepted a settlement without my consent, do I have a legal malpractice case?

This will depend on the retainer agreement you signed with your attorney. You may have given your attorney the right to accept a settlement within a certain range without further consultation. On the other hand, if your lawyer has settled without your prior authorization, you should contact a knowledgeable legal malpractice attorney to evaluate the circumstances of your case.

How do you determine if legal malpractice caused harm?

To prove that your attorney is guilty of legal malpractice, you must establish that you suffered harm, such as financial loss or a wrongful conviction, as a result of your attorney deviating from accepted standards of representation. To that end, you may have to effectively "retry" your case, demonstrating what would have happened if your attorney had followed a different course of action in representing you.

What else must be proven in a legal malpractice claim?

In addition to clearly demonstrating attorney negligence, three key components must be established in a medical malpractice suit:

That you and your attorney had a relationship in which the attorney had a duty to you
That your attorney did not meet the accepted standards of representation or deviated from those standards
That you suffered harm or damages as a result of your attorney’s negligence

Is legal malpractice the same as a bar grievance?

No. Legal malpractice claims are processed through the court system while bar complaints are made with the state bar, the entity that licenses lawyer. Grievances with a state bar may result in discipline issued by the bar itself.

If you live in the Atlanta, Georgia, area and believe you have been the victim of legal malpractice, please contact the attorney at Robbins & Associates, P.C., to schedule your free case consultation today.

6000 Lake Forrest Drive Suite 315, Atlanta, Georgia 30328

404-252-8117 | 800-772-5555 | Contact Us

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