Legal malpractice is defined as any negligent or wrongful act committed by an attorney that causes damage to his/her client. Twenty five percent of legal malpractice cases occur in personal injury cases. A legal malpractice lawsuit is brought against a negligent lawyer by the victim to receive compensation for the damages caused by the legal malpractice. It is estimated that approximately 35,000 people are the victims of legal malpractice each year in the United States.
In a legal malpractice case, there are three things that must be proven in the lawsuit in order to receive compensation for injuries sustained. First, the lawyer-client relationship has to be established. Most often, a fiduciary (when an individual, corporation, or association holds assets for another party, often with legal authority and duty to make decisions on behalf of that party) relationship exists between the lawyer and the client requiring the lawyer to provide a minimum standard of service. Second, the damages that a victim has suffered as a result of legal malpractice must be presented and proven. Lastly, these damages must be the proven result of legal malpractice.
If an error on the part of an attorney has caused you to lose a case, or compromised the amount of compensation you received, you may have a case for a legal malpractice suit. Filing suit against an attorney is a very involved, detailed, and sensitive matter, requiring a high degree of expertise and knowledge. The experienced legal malpractice attorney at Robbins & Associates, PC understands all that is involved with legal malpractice cases, and we can help you through this lengthy, complicated process.
Signs of Legal Malpractice
Any one of the following may indicate that you have a legal malpractice case:
- Breach of contract
- Fee disputes
- Substandard legal work causing financial or personal harm
- Breach of ethics
- Conflict of interest
- Representing a co-plaintiff or co-defendant in your case
- Co-mingling of clients’ funds
- Settling without your approval for less than the case was worth
Please read our Legal Malpractice Questions page for additional information.