Legal Malpractice Attorney
What You Need to Know
Unfortunately, even attorneys with good intentions can sometimes make mistakes. When a lawyer fails to act with ordinary prudence and the client suffers either a lost case or is forced to settle for a much lower amount, legal malpractice may have occurred.
Legal malpractice claims are inherently complex because they require the client to establish two critical points. First, the client must demonstrate that their attorney acted negligently, meaning the lawyer failed to meet the required standard of care in handling the case. Second, the client must prove that, had it not been for the attorney’s negligence, the outcome of their original case would have been significantly different—typically in their favor.
Can I Change Attorneys?
Sometimes, the attorney client relationship itself may not be what the client deserves. In Texas, a client has the right to terminate his attorney at any time and for any reason. However, the attorney may still seek to enforce his fee agreement unless the termination was for good cause. If an attorney fails to returns calls, keep a client reasonably informed, zealously advocate, or promptly disburse client funds, good cause may exist to terminate the fee agreement also.
Understanding the Most Common Legal Malpractice Claims
Legal malpractice cases typically have various layers to them, often because they involve a lawsuit or complex business transactions. It is up to the court and jury to discover if the lawyer in question acted negligently, but numerous things can support this effort. While not every mistake a lawyer makes can be grounds for legal practice, there are a handful of common ways lawyers can make an error and increase their chance of being sued:
- Missed deadlines
- Misuse of finances
- Inadequate investigation
- Insufficient discovery (such as failing to talk to a specific witness)
- Lack of communication or errors during the communication process
- Lack of knowledge
- Failure to apply the law
- Lack of consent
- Fraud
- Failure to properly follow instructions
- Errors in strategy
- Errors during the planning phase of a case
- Conflict of interest
- An attorney ignoring his or her client
Proving Legal Malpractice
You must be able to prove the following to pursue a legal malpractice case:
- The lawyer owed his or her client a duty of care.
- The lawyer breached that duty of care.
- By breaching that duty, the lawyer directly caused damage to the client
In summation, you have to prove that you had a legal relationship with the attorney, and this individual did not meet the legal profession’s standard duty of care.
At ML Firm, we take great pride in taking a straightforward, honest approach to every client. Communication is one of the most vital factors and something you can rely on us to uphold.
If you have any questions about filing a legal malpractice case in Texas or Colorado, or if you believe your lawyer acted negligently and your case suffered, schedule a free consultation with us.