Many factors during a civil or criminal trial impact its outcome. The attorney’s preparation is key to either prosecuting a civil case such as personal injury or building a solid defense in a criminal matter. This involves thoroughly investigating the facts, finding and interviewing witnesses, analyzing forensic evidence, obtaining relevant documents, and, if necessary, retaining expert witnesses.
Read MoreAttorneys are required to follow a code of ethics that governs their behavior while zealously representing a client. In general, an attorney must prioritize loyalty to their client and avoid engaging in any actions that could harm their client’s best interests. One of these obligations is to steer clear of any conflicts of interest. If a conflict of interest arises and the client suffers harm as a result, they may have grounds for a legal malpractice claim.
Read MoreWhen an attorney takes on a case, they are responsible for ensuring prompt, smooth representation without the risk of missing key deadlines. However, a single scheduling error can lead to a common legal malpractice claim, potentially resulting in an adverse outcome for a client.
Read MoreYou expect satisfactory results when you retain a lawyer, often at substantial fees. And if you did not get the results you expected or lost significant funds, or expended significant funds for an inadequate representation, you may have a claim for legal malpractice. However, losing a case or not obtaining what you expected may not necessarily mean that your attorney committed malpractice.
Read MoreIn our complex and diverse society, with the increasing and rapid proliferation of laws, rules, regulations, and unique circumstances, we need lawyers who can competently advise their clients. Regrettably, we often witness lawyers undertaking cases beyond their expertise, leading to ineffective counsel and potential legal malpractice.
Read MoreAttorney dishonesty can be devastating financially to a client. You hired an attorney to manage funds, bill you honestly, and properly disburse funds from an escrow or attorney trust account. When that attorney fails to communicate with you or makes flimsy or nonsensical excuses about what happened to your funds, you may have a valid claim for legal malpractice.
Read MoreLegal malpractice, or legal negligence, requires that a plaintiff or person bringing a claim against his or her prior attorney has the burden of proving all elements of a negligence claim. These elements are:
Read MoreIn legal malpractice cases, the attorney’s actions play a pivotal role. Malpractice, a unique subset of tort law, is complex and involves investigating and possibly litigating two separate actions. The claimant must first demonstrate that the attorney who was representing her failed to meet an accepted standard of care in handling the case. Furthermore, the claimant must show that this failure, or the attorney’s incompetence, directly led to harm or demonstrable damages. Second, though a plaintiff might prove incompetence on the attorney’s part, the underlying case must have had merit, and the party responsible for the harm solvent to compensate for the proven damages.
Read MoreLegal malpractice claims, a fusion of negligence and contract claims, necessitate a claimant to demonstrate the elements typically associated with negligence claims. The contractual aspect is embodied in the attorney-client relationship, a fundamental prerequisite for a legal malpractice claim. The existence and recoverability of damages are also necessary components of a legal malpractice or negligence claim.
Read MoreThe attorney-client relationship is built on a crucial foundation-the attorney’s responsibility to keep clients informed about their case’s progress and developments. It can be incredibly frustrating for clients when their attorney fails to respond to calls, emails, or correspondence or neglects to explain fees or potential case resolutions clearly. In such situations, clients need to understand their rights and options.
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