What is Legal Malpractice?
An attorney must be held up to a standard when dealing with your case. If at any time they are negligent in your case and you suffer as a result they can and must be held liable. Their act of negligence and carelessness is called legal malpractice.
Legal malpractice can involve the following mistakes:
- Failing to give correct advice
- Inadequate investigation
- Missing statute of limitation deadlines
- Conflicts of interest
- Billing fraud
- Obstruction of justice
Proving Legal Malpractice
You must meet three separate elements in order for you to bring a case for legal malpractice. First, it has to be confirmed that you had an attorney-client relationship with your lawyer and you paid for him to represent you in that manner. Next, there must be a clear showing of negligence on their part. And finally, that negligence must have caused you harm in some type of manner that would not have happened with a basic standard of care on the lawyer’s part.
You have the possibility of recovering your additional medical bills and other expenses that your attorney did not get you awarded during your first case. You also have the ability to sue the offending attorney for your pain and suffering as a result of their negligence. If your attorney did not act in your best interest, you might also consider filing a criminal complaint or suing your lawyer for the lost funds. However, there are legal time limits for filing such lawsuits. If you’re considering a lawsuit, you should seek legal advice immediately.
To learn more about personal injury law, I encourage you to watch the video above. If you have questions and wish to discuss your case, please contact Spangenberg Shibley & Liber LLP.