Suing Your Lawyer for Malpractice

Generally, if you are wrong by someone it is instinctive to contact your attorney to get the necessary help in filing a lawsuit so as to get relief. However, what about in the case when it is the attorney who has wronged you? How do you then get relief when your attorney commits malpractice? This article will discuss what to take into consideration in a legal malpractice case.

 

According to the Cornell Law School Legal Information Institute the term malpractice is said to be “the tort committed when a professional fails to properly execute their duty to a client. The duty of a professional to a client is generally defined as the duty to follow generally accepted professional standards. Malpractice suits are most common against doctors and lawyers.” When you decide to bring legal action against the lawyer for legal malpractice; basic elements must be met as proof. This is the only way that the legal malpractice case will succeed. Such basic elements that must be proven and met include the following:

· Existence of an attorney and client relationship - this one is obvious; the plaintiff must have been a client of the malpracticing attorney

· The attorney failed to exercise care, skill and diligence that is generally found and exercised by any member of the legal profession

· Because of the attorney’s negligence it resulted in loss by the client

· The client suffered actual damages because of the attorney’s actions or failure to act

· Had it not been because of the attorney’s negligence, the client would have succeeded in their underlying action or would not have suffered any damages

It is important to realize that malpractice cases pertaining to legal professionals are different from other malpractice claims, for example relating to doctors. When it comes to a legal malpractice claim the plaintiff is required to “win” two cases. Firstly, the plaintiff must show that the original case would have had a different outcome in that they would have won the case had it not been for the attorney’s missteps or failures. Secondly, the plaintiff must also win the case that there was an act of malpractice on the part of the attorney. In the event that the plaintiff loses either one of these cases, then both cases are lost.

 

However, if the plaintiff is successful in both cases then the plaintiff is entitled to compensation. Such compensation is possible from attorneys because most of them carry malpractice insurance. Therefore, legal malpractice cases are actually on the rise because there are many dissatisfied clients that are starting to hold attorneys responsible for losses in cases that are generally winnable. The majority of malpractice carriers pay settlements before trial so as to stop the case in its tracks, as this is much cheaper than going to trial. Because of this, there has been an increase in malpractice insurance premiums especially in high-risk areas such as foreclosures and personal injury matters.

 

If your attorney has resulted in you suffering loss because of their errors or omissions contact the best malpractice lawyers in Memphis.

 

Resource Box: Are you thinking; can I sue my attorney; the author recommends Watson Burns for legal advice and representation.