Legal malpractice is a term that describes a lawyer’s negligence and incompetence to render professional legal service to a client that results in damage. It involves a breach of legal trust between a lawyer and his or her client, that ultimately causes the client injury or loss. Nominal losses however, do not constitute a strong enough legal malpractice case.
A legal malpractice case requires proof from the affected party, that demonstrates the damage was caused by the lawyer’s negligence and not poor strategy. Moreover, in a legal malpractice case the injured party must show that the errors committed by the lawyer accused were ones that no reasonable attorney would commit. Proving cases of legal malpractice requires extensive amount of proof and can be very difficult to prove.
Elements For A Legal Malpractice Claim
There are several factors that play key roles when filing a legal malpractice claim. Usually, a plaintiff filing a legal malpractice claim must be able to prove the following:
- Proof that a lawyer-client relationship existed. This is a critical point. Without being able to demonstrate that a relationship was established between the two parties, no foundation or premise for a case can be formed.
- Legal representation negligence on behalf of a lawyer or attorney. A plaintiff must be able to show that a lawyer failed to provide quality care and adequate defense. Common judicial error does not qualify as negligence.
- Negligence must be proved to be a direct cause of injury or loss. The injury must have followed the lawyer’s misconduct. For a example, if a lawyer’s negligence consequently leads to a plaintiff’s inability to sue, but the plaintiff does not face a monetary loss or damage, then a legal malpractice case is not likely to be established.
Finding Legal Malpractice Attorneys
Finding a Legal Malpractice lawyer to represent your case can be a difficult task. Cases of legal malpractice require a strong foundation and sufficient amount of proof. An attorney or lawyer’s negligence must be proven to be a causation of hardship and loss for a client. The intricacy of Legal Malpractice cases requires delving into a deep investigation and in-depth study of all of the proceedings pertinent to a case.
Cases of Legal Malpractice are often met with pitfalls and unsuccessful because of lacking evidence. A common mistake Legal Malpractice Lawyers often make, is failure to conduct a full investigation and analysis of the case. This is critical for both the lawyer being sued, as it is for the plaintiff. Many cases of legal malpractice result from a direct error on behalf of the judge, not the lawyer. Critical information as this can be easily overlooked and can cause a lawsuit to be unsuccessful.
If you or your law practice is in need of a knowledgeable and competent legal malpractice attorney, who can help you established a strong case, call 312-641-9200 or visit The Horwitz Law Group at http://chicago-personal-injury-lawyers.us/.