When you hire an attorney, you hope to have a successful outcome. At the very least, you expect to have the best representation possible. In most cases, the attorney involved does everything possible to win the case for his or her client. However, in rare instances, a client may find that his or her attorney was negligent.
It can be tempting to blame the lawyer when a case doesn’t turn out the way you’d hoped. But how can you determine whether your case is more than just an unfortunate verdict? It could be legal malpractice.
What is legal malpractice?
Legal malpractice occurs when a client suffers damages because his or her attorney fails to deliver competent legal services or representation. If you find yourself saying, “My lawyer scammed me,” “I had a crooked lawyer,” or, “My lawyer screwed up,” it could be legal malpractice.
For a legal malpractice claim, the situation must meet the following criteria:
- There must be an attorney-client relationship
- There must be a breach of the standard of care an attorney provides a client
- The breach was the proximate cause of damage
- The damage would not have occurred “but for” the lawyer’s neglect
Is your case legal malpractice?
There are a number of important questions you should ask that will help you determine if your case might be legal malpractice. Here are five questions that will help you determine whether your case is indeed legal malpractice:
- Did your attorney uphold the attorneys’ code of ethics? Or, did your attorney purposely mislead you?
- Did your attorney have a conflict of interest?
- Were your funds mishandled? Or, did your attorney settle your case for less than what it was worth without your knowledge or consent?
- Were you billed according to your fee agreement with the attorney?
- Was your attorney negligent in meeting deadlines or scheduled court appearances?
If an attorney breaches his or her fiduciary responsibility, this can be considered legal malpractice, and you may have a case against him/her.
Alternatives to Suing Your Lawyer
Keep in mind that filing a legal malpractice suit can be costly. Malpractice is very difficult to prove, and can require many hours of additional legal fees to pursue, and even then, you may not be able to prove legal malpractice. It is always a smart idea to try to explore alternate solutions to your issues without going to court. One place to start would be filing a complaint with your state’s bar association, although these organizations are primarily concerned with punishing the violating attorneys, not providing compensation to victims.
Choosing an Attorney
Once you have determined you do want to pursue a malpractice suit, choosing the right attorney is the next step. Find an attorney with previous experience in legal malpractice cases. The Meehan Law Firm is one of a select few firms in St. Louis that takes on legal malpractice cases. Our client list ranges from individuals who have lost their civil litigation or personal injury cases because of their lawyer’s carelessness or mismanagement, to the corporations whose in-house counsel did not or does not represent the best interests and wishes of the company. Legal malpractice cases are one of the Meehan Law Firm’s areas of expertise. If you feel you have been wronged by past legal counsel and would like a free consultation on the case, contact us today at (314) 725-9994.
Sources:
- “Can I Sue My Lawyer for Malpractice.” Bids from Lawyers. Web. 18 Apr. 2011. http://bidsfromlawyers.com/files/SuingLawyer.html.
- “Conflict of Interest Legal Definition – Lawyers.com.” Research Attorney, Lawyer, Attorneys, Lawyers and Legal Research Information – Lawyers.com. Web. 18 Apr. 2011. http://research.lawyers.com/glossary/conflict-of-interest.html.
- “Creating a Fee Agreement With Your Lawyer – Free Legal Information – Nolo.” Lawyers, Legal Forms, Law Books & Software, Free Information – Nolo. Web. 18 Apr. 2011. http://www.nolo.com/legal-encyclopedia/creating-fee-agreement-with-lawyer-29961.html.
- “For the Public – Filing a Complaint with the Office of OCDC.” Office of Chief Disciplinary Counsel. Web. 18 Apr. 2011. http://www.mochiefcounsel.org/ocdc.htm?id=9.
- “Rule 004 – Rules of Professional Conduct.” Your Missouri Courts Home. Web. 18 Apr. 2011. http://www.courts.mo.gov/page.jsp?id=707.
- “Suing Your Lawyer – Lawyers.com.” Legal Malpractice Attorney, Lawyer, Attorneys, Lawyers and Legal Research Information – Lawyers.com. Web. 18 Apr. 2011. http://legal-malpractice.lawyers.com/Suing-Your-Lawyer.html.