The Definition of Lawyer Negligence
Legal malpractice is easy to understand. It's when an attorney fails in his or her obligations as an attorney. Generally, to succeed in a lawyer negligence suit you have to show that an attorney-client relationship existed and your attorney's neglect was the cause of damages. It's no easy task to show negligence.
Proving Attorney Negligence
When attempting to prove legal malpractice, two matters are considered, and must be proven:
That damages were suffered by the clientThat the attorney's wrong doing was the cause
Damages
A client needs to suffer economic hardship or damages to sue for negligence. Normally a case or transaction was hampered or damaged because of the attorney's mistakes.It must also be proven that incurred financial damages were the result of the attorney's wrongdoing. Before the client can collect financial compensation they have to prove at least one of the following wrongs:
Negligence: This takes place when services render fall below the standard of care for attorneys working in the same or comparable legal area.Negligent misrepresentation: Clients count on their lawyers to give sound guidance. Even when a lawyer unconsciously misinforms, it is misrepresentation.Breach of contract: Whether the contract is verbal or written, when a lawyer is hired a contract is formed. Failing to maintain privacy, conflict of interest, and settling a case without the client's consent are instances of breach of contract.Fraud: When a lawyer purposely misinforms his or her client, the lawyer commits fraud.Fraud or conversion: Knowingly billing a client for charges not incurred or taking payment settlement that rightfully belongs to the client make up theft or conversionBreach of fiduciary duty: When a lawyer places his or her interests above the client's interest he or she is guilty of breach of fiduciary duty.
Taking Action
If you think the attorney you hired is guilty of attorney negligence and did not represent you suitably, report potential ethics abuses to your local bar association. However, this will not bring about a lawsuit. If you want to file a legal malpractice claim be sure to hire a lawyer experienced in such matters because legal malpractice is extremely hard to prove and requires a thorough investigation.
Lawyer's fees for legal malpractice are between 40 and 50 percent of the amount you ultimately receive. Legal malpractice contingency fees are greater because legal malpractice is so tough to prove.
Before taking your case, the lawyer considering it will want to know if the lawyer you are planning to sue has malpractice insurance. He or she will very carefully consider your chances of winning. The filing of a lawyer negligence suit needs to occur quickly because the length of time you have to file is short, perhaps less than one year.
Legal malpractice is easy to understand. It's when an attorney fails in his or her obligations as an attorney. Generally, to succeed in a lawyer negligence suit you have to show that an attorney-client relationship existed and your attorney's neglect was the cause of damages. It's no easy task to show negligence.
Proving Attorney Negligence
When attempting to prove legal malpractice, two matters are considered, and must be proven:
That damages were suffered by the clientThat the attorney's wrong doing was the cause
Damages
A client needs to suffer economic hardship or damages to sue for negligence. Normally a case or transaction was hampered or damaged because of the attorney's mistakes.It must also be proven that incurred financial damages were the result of the attorney's wrongdoing. Before the client can collect financial compensation they have to prove at least one of the following wrongs:
Negligence: This takes place when services render fall below the standard of care for attorneys working in the same or comparable legal area.Negligent misrepresentation: Clients count on their lawyers to give sound guidance. Even when a lawyer unconsciously misinforms, it is misrepresentation.Breach of contract: Whether the contract is verbal or written, when a lawyer is hired a contract is formed. Failing to maintain privacy, conflict of interest, and settling a case without the client's consent are instances of breach of contract.Fraud: When a lawyer purposely misinforms his or her client, the lawyer commits fraud.Fraud or conversion: Knowingly billing a client for charges not incurred or taking payment settlement that rightfully belongs to the client make up theft or conversionBreach of fiduciary duty: When a lawyer places his or her interests above the client's interest he or she is guilty of breach of fiduciary duty.
Taking Action
If you think the attorney you hired is guilty of attorney negligence and did not represent you suitably, report potential ethics abuses to your local bar association. However, this will not bring about a lawsuit. If you want to file a legal malpractice claim be sure to hire a lawyer experienced in such matters because legal malpractice is extremely hard to prove and requires a thorough investigation.
Lawyer's fees for legal malpractice are between 40 and 50 percent of the amount you ultimately receive. Legal malpractice contingency fees are greater because legal malpractice is so tough to prove.
Before taking your case, the lawyer considering it will want to know if the lawyer you are planning to sue has malpractice insurance. He or she will very carefully consider your chances of winning. The filing of a lawyer negligence suit needs to occur quickly because the length of time you have to file is short, perhaps less than one year.
About the Author:
Caitlin Green loves anything to do with legal matters and she has often contributed articles on personal injury lawyers in Toronto for levinter.ca.
