123ArticleOnline Logo
Welcome to 123ArticleOnline.com!

ALL >> Legal >> View Article

When To Hire A Legal Malpractice Attorney

By Author: David Drexler
Total Articles: 56

Every human being is capable of error: house painters, schoolteachers, doctors and lawyers. When those mistakes are made in the course of one’s professional work, however, there needs to be accountability. A painter may be asked to redo a job, and a teacher may be reprimanded. When doctors neglect to meet a standard of care they can be sued for malpractice.


Lawyers, too, can be sued for failing to meet the professional standards expected of them on behalf of their clients. Though so-called legal malpractice attorneys pursue these cases, legal malpractice falls under personal injury law. Therefore, any legal malpractice attorney is, by definition, a personal injury lawyer but not every personal injury lawyer specializes in legal malpractice.


An attorney’s mistakes can have huge consequences in both criminal and civil cases. Those mistakes generally fall under attorney negligence or unethical behavior, and include the following:


• Failure to comply with the rules of civil litigation or the criminal court.


• Failure to present evidence that is known to exist and which can have a material effect on the outcome of a case.


• Failing to represent the client in a manner that is prudent, competent and scrupulous.


• Failure to meet a statute of limitations.


• Fraudulent or unethical representation, such as when there is a conflict of interest.


But just as most legal infractions have a statute of limitations, so too does legal malpractice. In California, you must file your case within one year of the malpractice incident.


To be clear, pursuit of legal malpractice effectively means that the case itself is retried. Your legal malpractice attorney will need to show that lawyer negligence adversely affected the outcome of the original case. Only when that initial, negative outcome is clearly tied to a breach of fiduciary duty can your attorney be successful.


If you need a legal malpractice attorney


If you believe you have suffered damages due to legal malpractice by your attorney, you must hire a personal injury attorney with experience in the area of legal malpractice. Legal malpractice cases rarely settle out of court, so as you perform your due diligence in search for a lawyer to try your case, make sure that the lawyer you hire has trial experience in the courtroom.


R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.


Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

Total Views: 120Word Count: 459See All articles From Author

Legal Articles

1. Knowing About The Factors And Damage Awards For Wrongful Death
Author: MICHAEL T. FRIEDMAN

2. Simple Steps To Encourage Estate Planning
Author: Probate Lawyer

3. Contact Criminal Defense Lawyer Houston To Safeguard Your Legal Interests
Author: beckylaw

4. How To Find Best Dui Lawyer In New Jersey
Author: Michael Curtis Greenberg

5. Legal Agreement Template
Author: Jack

6. Bail Bonds Services Might Help Create A Stressful Time Easier
Author: RossBarkely

7. Answering The Question About The Working Of Immigration Lawyer
Author: Kri Law

8. All You Need To Know About The Truck Accidents Attorney
Author: Bkr Law

9. Why To Sought The Assistance Of Truck Accident Lawyer?
Author: Sgro Law

10. Is Hiring A Personal Injury Attorney/lawyer Really Necessary?
Author: MICHAEL T. FRIEDMAN

11. Be Served For The Better In Hiring Car Accident Attorney/lawyer
Author: JON ALAN LAFFERTY

12. Tips On How To Settle Your Slip And Fall Claim
Author: benmartek

13. Three Things To Look For In A Spinal Cord Injury Attorney
Author: Marcus McGowan

14. How Oklahoma Business Lawyers Can Help You With Gun Trust Law
Author: robertcadric

15. Arizona's Dog Bite Laws And How To Protect Yourself
Author: chrissamola


Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: