When you face the infringement of your right, you consult a legal attorney for a remedy. But what if your attorney does some legal malpractice?
You have to be conscious while choosing your attorney. For instance, if you are already aggrieved from your employer and have claimed for your rights in the court, a legal malpractice from your attorney may lead you to lose the case. It is always advisable to consult trustworthy and well-known attorneys. A litigation attorney at Brucesternlaw.com is considered to be one of the most trusted attorneys.
Here are some of the doubtful pointsyou may have in mind regarding legal malpractice while going through legal consequences.
1) Basis for Legal Malpractice: In order to make sure you win the litigation against your attorney for legal malpractice done by him, you need to have strong evidence against him. You might not win the case on the mere basis of doubts and suspicions. The basic prerequisites for filing a legal malpractice case include:
- An attorney-client relationship
- Negligence on the part of attorney in handling client’s case
- Negligence on the part of the attorney has caused the client to incur ascertainable and actual damages.
2) Whether to File a Legal Malpractice Case or Not: There is no rule book to guide whether to sue the attorney for the legal malpractice. Generally, the attorney digs into the matter and fights the case. For that very reason, the legal malpractice cases are expensive.
However, if you have strong reasons of negligence on the part of your attorney and the damage caused to you is significant, you should surely bring the case to recover the damage caused to you.
3) The Recoverable Damage: Assessing the amount of damage to be recovered under the legal malpractice suit from the attorney is quite a difficult thing to figure out. Any non-financial damage caused to the aggrieved party is not recoverable.
The financial damage caused to a plaintiff is the difference between (a) where the plaintiff should be, had the legal malpractice not occurred and (b) where the plaintiff is as a result of the malpractice so caused.
Where the underlying matter is litigation, the onus to prove the damage becomes more difficult as the plaintiff has to justify two matters simultaneously. First and foremost, that the legal malpractice has taken place and second that the outcome of the litigation would have been different if the malpractice had not been commenced by the attorney.
4) Matters That Can Be Considered As Legal Malpractice: Many times you may have doubt whether the problem you are facing with your attorney can be considered as a legal malpractice or not. Although, the grounds of malpractice have already been discussed in the first point, below given are some of the circumstances where you should check whether legal malpractice exists or not.
- If your lawyer does not answer to your calls, it does not constitute a legal malpractice as long as he communicates to you about the significant developments in the undergoing litigation.
- When your attorney has over billed you, it will not be considered as a legal malpractice unless he has commenced negligence of duty.
- If you have found several mistakes of your lawyer in the undergoing litigation, it can be considered as a legal malpractice if it has caused you financial loss.
Who would want to go for litigation or suit, that too when you are already going through one? Make sure that you consult a reliable and credible firm for your legal issues. For future assistance, you can refer to Brucesternlaw.com, to get the best ever services for your litigation.
