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Legal malpractice: You can prove negligence hurt your case

| Apr 8, 2017 | Legal Malpractice |

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.

To be accused of legal malpractice, an attorney must have been in breach of a contract, have violated the American Bar Association’s Rules of Professional Conduct or have been negligent in handling your case.

If you believe your attorney has been negligent, then you may have a case if you can prove four things. First, you need to show that the attorney owed you a duty to provide you with representation. Second, you need to show how the attorney made a mistake or acted carelessly. Third, you need to show that the error caused injury to you. Fourth, you must show that you suffered a financial loss as a result.

For example, if you go to court for a personal injury claim and lose the case because your attorney failed to include important evidence in your case files, you could show that he or she made an error that resulted in you losing out on money you deserved.

Comingling funds is another kind of malpractice. Your attorney should not combine your funds with his own, since this is considered to be a breach of the fiduciary relationship between an attorney and client.

If you believe your attorney has committed these crimes, its important to talk to another professional about the steps you can take to get the compensation you need.

Source: FindLaw, “What is Legal Malpractice?,” accessed April 07, 2017