How to Win a Legal Malpractice Suit
Understand the definition of legal malpractice., Be aware of the statute of limitations., Hire an experienced legal malpractice attorney.
Step-by-Step Guide
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Step 1: Understand the definition of legal malpractice.
In order to prove that your attorney committed legal malpractice, your attorney must have been so negligent or careless in handling your legal matter that it caused injuries to you.
In other words, the attorney must have failed to provide adequate legal representation that another attorney would reasonably provide in a similar situation.
Some examples of what can constitute legal malpractice may include:
Failed to file documents or missed a filing deadline Stole or “borrowed” money that belonged to you that was being held in your client trust account Made such serious errors that your legal claim was dismissed, causing you to lose money or even your freedom Neglected your case and failed to return most of your phone calls and emails Had a conflict of interest that he or she did not tell you about Settled your case without your input or permission to do so -
Step 2: Be aware of the statute of limitations.
All types of lawsuits, including legal malpractice suits, are subject to a statute of limitations, or a set timeframe during which the suit can be filed.
The statute of limitation varies by state.
If you do not file your lawsuit for legal malpractice within the applicable statute of limitations, you will not be able to pursue your claim., Proving legal malpractice is far from easy.
While you may be concerned about trusting another lawyer, you will need a good attorney in order to win a legal malpractice lawsuit.Try to find an attorney who will not charge you a retainer fee.
Many attorneys will charge a large sum of money upfront to take your case, which is commonly referred to as a retainer.
However, you will find that many personal injury attorneys work on contingency, meaning they will not collect any fees from you unless you win your case.
If you are having trouble finding a lawyer who will handle your legal malpractice case, ask for a referral from your local state or county bar association. -
Step 3: Hire an experienced legal malpractice attorney.
Detailed Guide
In order to prove that your attorney committed legal malpractice, your attorney must have been so negligent or careless in handling your legal matter that it caused injuries to you.
In other words, the attorney must have failed to provide adequate legal representation that another attorney would reasonably provide in a similar situation.
Some examples of what can constitute legal malpractice may include:
Failed to file documents or missed a filing deadline Stole or “borrowed” money that belonged to you that was being held in your client trust account Made such serious errors that your legal claim was dismissed, causing you to lose money or even your freedom Neglected your case and failed to return most of your phone calls and emails Had a conflict of interest that he or she did not tell you about Settled your case without your input or permission to do so
All types of lawsuits, including legal malpractice suits, are subject to a statute of limitations, or a set timeframe during which the suit can be filed.
The statute of limitation varies by state.
If you do not file your lawsuit for legal malpractice within the applicable statute of limitations, you will not be able to pursue your claim., Proving legal malpractice is far from easy.
While you may be concerned about trusting another lawyer, you will need a good attorney in order to win a legal malpractice lawsuit.Try to find an attorney who will not charge you a retainer fee.
Many attorneys will charge a large sum of money upfront to take your case, which is commonly referred to as a retainer.
However, you will find that many personal injury attorneys work on contingency, meaning they will not collect any fees from you unless you win your case.
If you are having trouble finding a lawyer who will handle your legal malpractice case, ask for a referral from your local state or county bar association.
About the Author
Natalie Ross
Professional writer focused on creating easy-to-follow practical skills tutorials.
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