Elements of Attorney Malpractice

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In order to prove attorney malpractice, it will be necessary that you show that your attorney didn’t use the ordinary skill and care that other attorneys would have when dealing with your case. The elements needed to prove attorney malpractice are as follows: 

Proving Causation: What Does it Take?

Causation is hard to prove because first, you must prove malpractice on the part of your attorney. Next, your will have to prove that you would have won your underlying case if your attorney had not mishandled it. Finally, you must prove that if you won the case you would have collected damages. This could require you to prove that the individual you sued had insurance or assets to pay the damages.

I Think my Attorney Has Committed Malpractice, What Should I Do?

The first thing you should do is file a complaint with your attorney's State Bar Association. The Bar Association is an organization that licenses and regulates attorneys for each individual state. The Bar Association cannot, however, help you recover any damages you've suffered. To recover damages, you have to sue your attorney in court.

Do I Need a Lawyer to Help Me with My Attorney Malpractice Problem?

As you can see from above, proving an attorney malpractice case can be very difficult. It is hard to tell whether something constitutes attorney malpractice. A lawyer experienced in malpractice cases can help you determine whether or not you are the victim of attorney malpractice. An experienced attorney can also file an attorney malpractice lawsuit on your behalf and aid you in the court process.

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Last Modified: 12-07-2012 03:56 PM PST

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