Legal Malpractice
Q: What is legal malpractice?
A: Legal malpractice, also referred to as attorney negligence, is the failure of a lawyer to render competent professional service to a client. The professional conduct by a lawyer must not fall below the standard of care.
Q: What is the standard of care for lawyers?
A: An attorney owes a duty to the client to perform all work on the case with the standard of care expected of a reasonably prudent lawyer under the same or similar circumstances.
Q: How is it determined what a reasonably prudent lawyer would do under the same circumstances?
A: Ordinarily, this requires expert testimony. In other words, another lawyer in the field must be willing to testify, based upon his or her experience, training and skill, what a reasonable lawyer would have done under the same circumstances.
Q: What are some examples of a lawyer’s actions falling below the standard of care?
A: Neglect – missing a statute of limitations, failing to conduct proper discovery, failing to designate witnesses and abide by the Court’s deadline.
Lawyer’s conflict of interest – putting the lawyer’s interests above the clients or putting one client’s interests above another.
Drafting errors in documents and/or agreements.
Q: If a lawyer’s conduct falls below the standard of care, does that mean a client will prevail on a legal malpractice claim?
A: No. Legal malpractice claims require a showing of causal connection between the attorney’s conduct and the damage to the client.
Q: What must be proven to win a legal malpractice case?
A: To win a legal malpractice case, a client must prove four things:
- You had an attorney-client relationship with the attorney establishing a duty to act competently and professionally.
- Your attorney breached that duty by acting negligently and possibly making mistakes that an average attorney would not have made.
- Your attorney’s behavior caused you damage. This includes proving that the results of your case would have been different (for example, you would have won your case) had the attorney acted properly.
- You suffered a substantial financial loss as a result of the behavior.
Q: What is NOT legal malpractice?
A: The mere fact that you lost your case or lost an asset or legal right is not by itself evidence of malpractice. You must show that your lawyer violated the duty of care and that the violation resulted in a financial loss. The fact that an excellent lawyer would have done a better job does not necessarily mean that your lawyer’s ordinary performance is malpractice, even if you lost.
Q: Is there any time limit for when I can sue my lawyer?
A: Yes. There are some very serious time limits depending upon the nature of your contact or agreement with your attorney. As soon as you think you may have been harmed by your lawyer’s actions, you should contact a competent legal malpractice lawyer. Do not delay.
Our Legal Malpractice Team
Our legal malpractice team is headed by H. Aubrey Ford. Mr. Ford, a Fellow of the prestigious American College of Trial Lawyers and included in the Best Lawyers in America for many years, has tried over 100 jury trials and has handled legal malpractice cases involving personal injury matters, business matters, will and trust disputes, contract actions and many others. The vast majority of Mr. Ford’s cases are referrals from other lawyers who are aware of his experience.
Our goal is to provide our clients with a vigorous and thorough prosecution of their claims by a veteran team. If you feel that you have suffered significant financial losses as a result of your attorney’s negligence, please do not hesitate to contact us.
