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legal malpractice Archives

3 types of legal malpractice to recognize

The last thing anyone wants to find out is that he or she could have won a case if only his or her attorney had more education or had paid more attention. There are times when attorneys don't hold up their end of arrangements, and in those cases, those who are affected have the right to pursue a legal malpractice lawsuit.

Legal Malpractice: Breach of Fiduciary Duty

When you retain an attorney, that attorney has a fiduciary duty to you. This means that the attorney has an obligation to act in your best interest. However, the fiduciary - the attorney in the case of legal malpractice - has to knowingly accept the duty to act with discretion in his or her expertise, on your behalf. When you sign a retainer agreement, the attorney has created a fiduciary duty to you.

Soccer player alleges legal malpractice in botched case

When you go to court or seek out an insurance claim, you rely on your attorney to help you get through the claim and to get the most you can. The settlement you receive is based on many factors, but a good negotiator can make the best of a complicated situation.

Legal malpractice: You can prove negligence hurt your case

Legal malpractice is when an attorney does not perform up to the standards expected by others in the same field. For example, if all attorneys in the field of family law could have helped with a divorce but the attorney you had was unable to understand the laws in your state, then you would be a victim of legal malpractice.

Reviewing Legal Malpractice: When Errors Constitute Negligence

Nobody's perfect and mistakes happen in every profession and all walks of life. But when your attorney commits substantive errors and omissions that are responsible for a detrimental outcome to your case, he may be guilty of legal negligence. In these situations, you might have a viable legal malpractice claim.

What You Should Know If You are a Victim of Legal Malpractice in Colorado

A bad or incompetent attorney reflects poorly on the entire legal profession. If a client has been the victim of legal malpractice, there is more that he or she can do than simply complain about their attorney and representation. They can file a lawsuit against the attorney for legal malpractice - but there are specific rules to follow. Just as doctors and hospitals carry liability insurance for medical malpractice claims, lawyers and their firms carry legal malpractice insurance. If the attorney in question is a member of a law firm rather than a sole practitioner, the firm becomes part of the litigation. An experience legal malpractice lawyer can help a client receive compensation because of the actions of a negligent attorney.

Legal malpractice: You have rights and can pursue compensation

Legal malpractice can be a serious issue that makes you confused about the steps to take next. Fortunately, there are attorneys who specialize in this kind of case. Just like medical malpractice or any other kind of claim, when an attorney is negligent or malicious toward you during a case and causes you to lose your case, that's a problem. Violating a code of ethics or breaching your contract is a real concern as well.

What is Legal Malpractice?

When you've been seriously injured in an accident, choosing the right personal injury attorney can be hard. When you discover you've chosen wrong, the result can be devastating. On top of the physical and emotional pain of being seriously injured, you find you are facing an even stronger financial hardship than you anticipated because the lawyer you hired for your personal injury case did not properly follow through on their promises. While some may tell you, "No lawyer wins every case," if you've got a feeling that your attorney was negligent in properly following the leads in your case that would have resulted in more compensation for you, there's a good chance you are right. It is possible you may be able to pursue more funds with a legal malpractice lawsuit.

When a Lawyer Drags Their Feet Past the Statute of Limitation

Making the decision to sue someone who was negligent or intentionally hurtful is not easy. Even when a person feels as if they have every right to file a lawsuit for a personal injury, medical malpractice, contract disputes, fraud or for some other offense, just knowing that there is an uphill battle ahead can make a lot of people simply accept a low ball offer, or even chock the incident as a "bad experience" or a "life lesson." Any of these types of lawsuits can be challenging to prove depending on your case and the evidence available.

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