Legal malpractice lawyer
Lawyers or attorneys are humans, lest we
forgot, and, as in all other professions, there are some `bad apples’ among them. If you experienced negligent
or unprofessional conduct by an attorney, the law dictates that a legal malpractice lawyer is the right person
to call.
Judges view legal malpractice cases very seriously, but take note that this type of lawsuit is not easy to win
because it must be proven beyond reasonable doubt that malpractice had actually occurred and, as a result of it,
you (the client) suffered some form of damages.
Usually people sue because the negligence by the law firm is often
associated with financial loss or injury.
So, what constitute `legal malpractice’?
There are many forms of legal malpractices, but basically it means that your lawyer failed to do everything
legally fighting your case, or his work was below what is expected of all reasonable lawyers (such as failure to
file court papers on time). Because of their unprofessional conduct, you (the client, who is now the plaintiff)
were harmed. But in the event that the court finds that you would have lost the case anyway even if the lawyer
was not negligent, you would lose your case too! That is why legal malpractice suits usually become a "case
within a case." The first one involves establishing whether the original attorney was negligent, and the second
issue is to establish whether the first case would have been successful.
Broadly speaking, there are two kinds of
legal malpractice. One concerns breach of contract and the other breach of fiduciary duty. Contractual breach
refers to a situation where the attorney did not perform a duty that had been signed with the client. Breach of
fiduciary duty arises when the attorney did not carry out his duties in the best interests of his or her
clients.
Such cases come under what is known as
"statute of limitations". It is an enactment in a common law legal system that sets forth the maximum time
after an event had taken place that legal proceedings may be initiated. Hence, if you want to sue a lawyer for
malpractic or for not being thoroughly professional, make sure you get a legal malpractice lawyer fast;
otherwise you may miss the chance to claim for damages.
Now that you know you need a legal
malpractice lawyer for such civil claims, make sure that the lawyer you engaged for the trial is a reputable
one. This is because there have been many cases of “repeat victims” – meaning the legal malpractise lawyer you
had hired to sue another lawyer was no better than the original one!
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