Legal malpractice occurs when an attorney fails to perform to the standards of their profession, which includes inadequately representing their client, compromising their client’s case or the amount of compensation received, and/or a breach of contract.
If an attorney is negligent in representation of their client, this means they failed to perform at the “average” level of an attorney in the specified field. Compromising their client’s case and compensation received is also known as “breach of fiduciary duty”. This occurs when an attorney puts their interests or those of another party before their client. Breach of contract is when the lawyer fails to adhere to their role, expectations and obligations, as stated in the contract.
Some red flags that almost always constitute legal malpractice are:
- Suing the wrong party or failing to sue all responsible parties
- Failure to timely file the lawsuit
- Not filing the necessary papers with the court
- Lack of compliance with court ordered deadlines
- Not serving legal papers
- Lack of credible and expert witnesses to back evidence
If a judge has dismissed your medical malpractice, auto accident, or other lawsuit due to your lawyer’s negligence, you might be entitled to compensation.
If you’ve been the victim of legal malpractice in Atlanta, please contact Robbins & Associates today to schedule a free consultation with one of our attorneys who will help determine if you have a case against your former lawyer.