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Legal malpractice occurs when a lawyer acts negligently when providing a client with advice or representing them. Legal malpractice can be claimed when a lawyer fails to provide a client with professional service, which damages the client's case or future legal options. Negligence, breach of fiduciary duties and breach of contract are the three ways in which legal malpractice is exercised.
Legal malpractice can harm clients in many ways. A case can be dismissed when the lawyer fails to pursue the case, the attorney can fail to secure witnesses for the case, he/she can fail to act before a calendar deadlines, he/she can force settlement in a case for any reason, or other actions that damage the client. In a legal malpractice case, three things must be proven in order to receive compensation. First, that there was a lawyer-client relationship. Second, it must be presented that the suffered damages are a result of legal malpractice. Third, proving the fact and extent of the injury or damages.
The other common type of professional malpractice lawsuit occurs when a client sues his or her former attorney. A large number of legal malpractice actions involve claims that an attorney representing a client in court made an error that harmed the client. The plaintiff must prove that the prior trial would have had a different result if the attorney had not acted negligently. This may require the plaintiff in the malpractice action to retry the prior case as part of the legal malpractice lawsuit-a complex and time-consuming process.
Identifying the party to whom an attorney is responsible can be a controversial issue in legal malpractice actions. Traditionally, attorneys are obligated to protect their clients and no one else. In many cases, however, the improper conduct of an attorney may injure someone other than the client. For example, if an attorney improperly drafts a client's will, the heirs-rather than the client-will be harmed. Courts have begun to show more willingness to hold attorneys liable for injuries to third parties whose damages could have been anticipated. Rules governing who can sue for legal malpractice damages vary widely between states.
A legal malpractice lawyer can settle legal fee disputes and ethical violations by attorneys. A legal malpractice lawyer can help you prove:
If you are a victim of legal malpractice and need a legal malpractice lawyer, Attorney Search Network can assist you. Call Attorney Search Network today for a legal malpractice lawyer referral.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your malpractice lawyer referral.
If you have any questions about the information provided above, please contact Attorney Search Network.
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