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3 steps to take after possibly experiencing legal malpractice

On Behalf of | Oct 30, 2024 | Legal Malpractice |

Most lawyers have to finish years of school before they are permitted to practice law. They also have to pass a state exam and maintain appropriate licensing. They must also consistently meet crucial professional standards when working with their clients.

The vast majority of attorneys are diligent when advising and representing their clients. Unfortunately, there are always a few professionals in any industry who fail to meet all of the appropriate standards. Sometimes, those who have hired an attorney to assist them in an important legal matter start to suspect that their attorney may have committed an act of legal malpractice.

Legal malpractice occurs when a lawyer does not provide a reasonable standard of representation and deviates from best practices within the legal profession. What can those who have experienced losses due to legal malpractice do to remedy the situation?

Gather appropriate documentation

To hold an attorney accountable for legal malpractice, clients must first establish that malpractice occurred. Evidence of malpractice could include financial statements that indicate inappropriate billing practices or transcripts from court that show that they demonstrated a complete lack of appropriate procedure, state statutes or court precedent. Obtaining documentation of the issue that occurred and its impact on the client is a key step toward pursuing justice.

Consult with a different lawyer

After collecting appropriate documentation, frustrated clients need to talk to someone familiar with the law and the concept of legal malpractice. While it is easy to become distrustful toward all attorneys after experiencing malpractice, the review of a competent attorney is crucial when trying to establish whether legal malpractice occurred. Another lawyer can provide insight into whether an attorney may have breached professional standards or failed to offer a reasonable caliber of representation in court.

Quantify the impact of the malpractice

Before taking legal action to remedy legal malpractice, the client must determine the impact an attorney’s failing had on their life, their business or their finances. Converting unfavorable outcomes during business negotiations or court proceedings to a financial figure can be a challenging process. The attorney assisting with the legal malpractice claim can potentially help explore different financial consequences that legal malpractice can inspire for a client. The entire process culminates with a civil lawsuit that can result in compensation for the client and consequences for the attorney.

Taking the right steps after experiencing legal malpractice can help disappointed clients seek justice. Attorneys who fail their clients or violate ethical standards may be liable for the harm they’ve caused.

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