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What Is Legal Malpractice?
Attorneys are required to uphold numerous rules concerning their professional conduct. Many of the rules directly relate an attorney’s duty to act in the best interest of every client. When an attorney violates a professional standard, a client who is affected by the attorney’s actions may be able to bring a lawsuit for legal malpractice.
What Are Some Common Examples of Lawyer Misconduct?
Attorney malpractice lawsuits are often based on instances such as:
- Misuse of a client’s money
- Taking a settlement without a client’s knowledge
- Violating the confidentiality agreement
- Incompetent legal work
What Should I Do I Believe My Lawyer Has Committed Malpractice?
Before initiating an actual lawsuit against your attorney for a malpractice claim, you should fully communicate your frustrations to your lawyer in writing. If your lawyer is not responsive, file a report with your state’s agency that oversees attorney conduct (i.e. your state’s bar association). Then, consider seeking counsel from another attorney concerning a possible malpractice action.
What Are the Elements of an Attorney Malpractice Claim?
To establish a malpractice case, you must show that your attorney breached his duty to you as a client. This involves showing that your attorney acted negligently or otherwise violated a rule of professional conduct that all attorneys are accountable to. You must also prove that the attorney’s actions caused you some harm.
Seeking Legal Help
If you believe that you may have a malpractice case, you should contact a qualified legal malpractice lawyer. Victims of legal malpractice often hesitate to contact a new attorney to bring a malpractice case. However, failing to do may actually be a double-loss since your primary case may have suffered while the malpractice is left unresolved.
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Last Modified: 01-30-2014 03:21 PM PST
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