Kinds of Damages Recoverable in Legal Malpractice Claims

Legal 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. 

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My Lawyer is Not Keeping Me Informed: What Can I do?

The 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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Types of Mistakes Lawyers Should Not Make

Retaining a lawyer usually means that you have a serious matter that needs a competent lawyer to handle the case. Lawyers are paid substantial funds because many of these cases require knowledge of the applicable law, rules, or regulations governing the matter and how to navigate the complex court system. An attorney’s failure to either know or to apply the proper law to your case or to negligently handle it, resulting in an unexpected and adverse outcome, can lead to a legal malpractice claim. Such claims can harm the client and severely damage the lawyer’s reputation and career. 

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How to Get Compensated If Your Lawyer Commits Malpractice

When we retain an attorney to handle a legal matter, we expect a professional to handle it competently and diligently. This includes knowing the law that controls or is applicable to the matter, undertaking the research if needed, performing any necessary investigation, communicating with you and keeping you updated and apprised of the proceedings. When an attorney fails to perform in accordance with expected standards of competence, then you may have a cause of action for legal negligence or malpractice against that attorney.

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Legal Malpractice in Real Estate Transactions

Purchasing or selling real estate is typically the largest transaction anyone will ever undertake in his or her life. It can be your main residence or in many instances, a vacation home or an investment that you can flip or retain to rent out. For any real estate matter, you should expect competent legal representation given the expenditure at stake and the future benefits of the asset. Unfortunately, attorneys make mistakes or fail to live up to the appropriate and accepted standard of competence. 

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Legal Malpractice QDRO Error

A QDRO, or Qualified Domestic Relations Order, is often an essential part of a divorce settlement usually found in marriages of some duration. These documents recognize the rights that a spouse, child, former spouse, or a dependent has in the other spouse’s retirement benefits such as a 401K or for plans covered by the Employment Retirement Income Security Act (ERISA). 

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Legal Practice Billing Fraud

One of the cornerstones of the attorney-client relationship is trust. Clients place trust in the attorney’s competence to handle the legal issues in their matters and to routinely communicate with the client so that they are suitably informed about all relevant and material matters affecting them. And, of course, the client expects to be billed accurately and appropriately for the legal work done. 

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Legal Malpractice: Inadequate Investigation

If you find yourself in a situation where you’ve received an unsatisfactory result in a legal matter, such as a low monetary verdict, loss of a valuable asset, or dismissal of a claim, consider the possibility that you may have been the victim of an inadequate investigation of your case by your attorney. This could potentially provide you with the grounds for a legal malpractice claim.

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