Legal malpractice is not a common occurrence but it does happen on occasion. When malpractice happens it can cause legal difficulties for the client represented by the lawyer. This is because it is ineffective legal counsel. Meaning the lawyer did not provide the proper legal services retained by the client to conduct. This is a difficult type of claim and can be difficult for the court to determine without the lawyer having shown negligence or breached the fiduciary duty.
Were You a Victim of Legal Malpractice?
There are specific signs when an attorney is providing representation if someone is a victim of legal malpractice. Although, the person represented may not recognize the signs during their case. The most significant signs of legal malpractice include:
1. The attorney makes guarantees that they do not accomplish or the lawyer charges exorbitant fees. These fees are much higher than what other law firms would charge for the same services.
2. Did the law firm charge for services not rendered? These can be in the form of different types of items that hike the bill and not used for the case.
3. Did the lawyer miss court deadlines or deadlines for filing documents in a case? When this happens it can be costly for the client and is the direct responsibility of the attorney representing the client.
4. Did the attorney fail to provide proper representation during the case in court?
5. Did the attorney settle the case without permission by you the client?
The most common forms of ineffective counsel, is a negligent act. The examples of this negligence can be the failure to file documents in a timely manner to the court. It may also be the failure to appear for hearings. This results in negligent acts and fails to represent the client’s best interests. This is considered a breach of the lawyer’s fiduciary duty since the lawyer breached the attorney client relationship. It is also a breach of trust in the relationship that combined with the other factors results in legal malpractice.
What to do After Legal Malpractice
Legal malpractice by an attorney can be challenged, however this is not just the fact a client lost their case. When a lawyer provides good representation there is still a chance the case can be lost and that is not legal malpractice. Instead, the other side just had a better case. When the lawyer did not provide proper representation a legal malpractice attorney los angeles can assist in holding the lawyer accountable.
Holding the lawyer responsible for ineffective counsel the client will need to prove the attorney negligently or with intent did something a reasonable competent lawyer would not have done. Proving either of these elements is easier with legal representation by another law firm. The case success depends on proving a breach of fiduciary duty or negligent representation. This is why just losing a case is not a reason for an attorney to have a claim against them as legal malpractice to win the case.