Legal malpractice occurs when an attorney who was hired by an individual does something negligent or intentionally harmful that causes injury to the client. When this sort of thing happens the client can file a civil lawsuit against his or her attorney.
Engage an attorney
If you attorney engaged in any criminal activity such as theft or armed robbery then criminal charges may apply as well. A client can also report the accused attorney to their state’s disciplinary and licensing board that regulates attorneys. Legal malpractice suits can be very difficult to win – You are going up against a lawyer – unless there is obvious fraud or negligence. However, you may be able to win a legal malpractice suit by proving the relationship between attorney and client, the negligence committed by the attorney, and the damage that was caused.
What is Malpractice
A lot of the time a client will feel as though a attorney should be guilty of malpractice because of their outcome in the trail or whatever legal proceeding that happened where you contacted an attorney. Ultimately the definition on what is malpractice is very firm and is not usually stretched to involve things that are not obviously definable as malpractice. Malpractice is when your attorney must have been so negligent or careless in handling your legal matter that it caused injuries to you. In other words, the attorney must have failed to provide adequate legal representation that another attorney would reasonably provide in a similar situation. Here are some examples of what would constitute as malpractice:
- Failed to file documents or missed a filing deadline
- Stole or “borrowed” money that belonged to you that was being held in your client trust
- Made such serious errors that your legal claim was dismissed, causing you to lose money or even your freedom
- Neglected your case and failed to return most of your phone calls and emails
- Had a conflict of interest that he or she did not tell you about
- Settled your case without your input or permission to do so
Find another attorney.
Since you are going to be battling a lawyer in their home turn of a courtroom is goes without saying that you will need to find another attorney who is well experience in the intricacies of malpractice law. This is the key to winning any malpractice suit where you honestly believe that you attorney wronged you but it may not be as cut and dry looking at the situation from the outside in. If you are having a tough time finding an experience legal representative you can ask for a referral from your state or your local bar association.
From here your new malpractice attorney should be able to handle everything. If you follow these tips and make sure that your attorney did actually do something that could be considered harmful to you and therefore malpractice then you should have a good shot at getting the compensation you deserve.