What is Legal Malpractice?
Published on:March 22, 2018

 

Legal malpractice is similar to medical malpractice in that your attorney did not perform their job using the ethical and professional standards of the legal industry. With medical malpractice, it can be obvious when a doctor has made an error either in the patient’s physical appearance or some sort of chronic pain. But with legal malpractice, the signs are not as obvious, which makes this form of malpractice difficult to prove.

What Is Legal Malpractice?

The best way to describe legal malpractice is to explain the conditions that it must create in order for the victim to have a case. A legal malpractice case may exist if:

  • The attorney did not display a competence and professionalism required to properly represent a client.
  • The attorney worked through the case carelessly, made critical mistakes, and neglected to follow through on all necessary legal acts for the case.
  • The victim was harmed directly because of the actions or lack of action on the part of the attorney.
  • There was some sort of loss or negative outcome in the case that can be directly attributed to the attorney’s actions.

How To Spot Legal Malpractice

A legal malpractice victim only has two years, in most states, to bring a malpractice case against their attorney. That short time span and the fact that the average victim is not a legal expert makes spotting legal malpractice difficult. When a doctor makes a mistake, the victim can usually tell. But when a lawyer makes a mistake, it is difficult to see it.

A client cannot bring a legal malpractice case against a former attorney simply because the client does not like the way the case turned out. If the client lost the case because of the incompetence of their attorney, then that is one thing. But if the attorney did what was expected of them and the case was still lost, then bringing a legal malpractice case would be impossible.

What Can A Victim Do?

One of the most difficult decisions for a victim of legal malpractice is deciding when to have their attorney investigated by an experience legal malpractice lawyer. If a victim thinks there is legal malpractice going on with their case, then they should seek out the opinion of a qualified attorney immediately.

If the case is in progress, the experienced attorney can advise the client on how to move forward. If the case has already been decided, then the experienced attorney can start investigating what happened and file a suit against the offending attorney before the statute of limitations runs out.

If you feel that you are or have been the victim of legal malpractice, then you should waste no time in getting the opinion of an experience legal malpractice attorney. If you were wrongly sent to jail as the result of a lawyer’s incompetence or you have suffered a financial loss, then an experienced legal malpractice attorney can help you to get retribution from the legal system and the offending attorney.