We are all familiar with medical malpractice where a doctor or medical professional makes an error that results in the harm of their patient. Well, legal malpractice works on the same basis, except within the legal framework of what a lawyer role is to a client. Legal malpractice is real, and it is a tool that’s creation helps keep the legal system running smoothly and justly. Here is more on what legal malpractice is.
What Is Legal Malpractice?
Legal malpractice is a tricky subject because simply making a legal error does not constitute legal malpractice. For legal malpractice to occur the errors made by your attorney must have led greatly to the outcome of a trial. In short, if your attorney made errors that caused your case to be decided against you, you might have legal recourse.
What Are Examples of Legal Malpractice?
Legal cases are built on many intricacies of existing laws. Cases that should be an easy victory are lost in Colorado courts because of legal errors. Those errors include basic and complex situations.
For example, If you lawyer forgot to file a legal document within the prescribed period of time and the case was thrown out or lost because of that, then you have legal malpractice. Most cases have a statute of limitations and opposing legal firms will use those dates to win cases that they could not win otherwise. It is just like in football when the fourth quarter is ending and the winning team holds the ball until the clock runs out of time.
Another example would be if your lawyer intentionally loses the case because they have a conflict of interest. Maybe you have hired a lawyer who also works as a contractor for the same company that you are suing. Because the lawyer wants to protect a larger account, they present a poorly organized case or omit information that would otherwise cause the judge or jury to rule in your favor. Those types of situations are referred by a few different terms, such as; ineffective assistance of counsel, conflict of interest, and breach of fiduciary duty.
What Can You Do if You Suspect a Legal Malpractice Situation has Occurred?
The first thing to do is to talk to a lawyer or firm that specializes in legal malpractice. Anthony Viorst has helped many people over the past two decades determine whether or not legal malpractice has occurred. If you would like an expert legal professional to help you overcome legal malpractice, schedule a free consultation so you can make an informed decision about how to proceed with your case.
Source: http://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1454&context=faculty_publications