Attorney Malpractice: What To Do When It Happens To You

2007-03-08 10:33:40

( Legal )



While medical malpractice is more commonly known, attorney malpractice or legal malpractice has become more frequent as of late. Attorney malpractice occurs when the lawyer you hire fails to render professional services that you hired him or her for and you suffer damages as a result.

The three common types of attorney malpractice arise from negligence, breach of fiduciary duty and breach of contract. Negligence occurs when your attorney does not give your particular case the attention and treatment that is required of every case he or she takes on. Breach of fiduciary duty occurs when the attorney acts for his or her best interests instead of yours. Finally, breach of contract occurs when your lawyer fails to fulfill any of the obligations stipulated in your contract with him or her.

If your lawyer misses court dates or settles a case without informing you, then this also counts as attorney malpractice. Aside from this, if your lawyer fails to submit proper documents for the court or does not contact you for a long period during a case, then you could also have grounds for legal malpractice.

You have to sue your attorney in court to be able to receive damages for legal malpractice. You may want to consult with legal malpractice attorneys if you have enough grounds to do so. Some lawyers do specialize in legal malpractice cases and they will be able to give you the right advice for your particular situation. If your malpractice lawyer says you do have a case, then you will have to go to court where the lawyer you are suing will be able to give a malpractice defense.

Legal malpractice is a reminder to everyone that it is important to hire a lawyer who is responsible and upstanding. Lawyers must always maintain ethical and professional standards in their profession to avoid any cases of legal malpractice that could occur.


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