What Does Legal Malpractice Mean?

Legal malpractice occurs when an attorney fails to provide competent representation to his or her client. This failure can be the result of a negligent mistake a malicious intent. In order to prevail in a legal malpractice case, you and your Louisiana legal malpractice attorney must prove four elements:

Attorney-Client Relationship: To prove malpractice, you must first prove that the attorney in question had committed to the duty of providing you with legal representation. The fact that you had a free consultation with a lawyer is not enough to prove that an attorney-client relationship existed. A signed contract or a paid retainer fee will generally prove that the attorney owed you a duty of care.

Breach Of Duty: Once you establish that the attorney being accused of malpractice had a duty to provide you with competent legal representation, you must prove that he or she went breached that duty of care. Attorneys are expected to exercise the same level of care that other attorneys in the industry would provide in a similar situation. If a reasonably competent attorney would not use the same strategy that the attorney in question did, there may have been a breach of duty, which amounts to negligence.

Causation: Simply making an error in your case does not equal negligence, if there was no damage done. In order to be compensated for legal malpractice, you must prove that if your attorney had upheld his duty of care, you would have prevailed in your case. If your attorney breached his duty of care but you would have lost your case regardless, you will not be awarded damages for legal malpractice.

(Financial) Damages: You must prove that not only was your attorney negligent and not only did his negligence cause you to lose your case, but also that you suffered a financial loss as a result. Keep in mind that you may also want to consider reporting your attorney’s actions to the State Bar, which can result in sanctions or disbarment. In cases of theft or fraud, the attorney may be prosecuted criminally.

Tommy Pittenger, Baton Rouge legal malpractice attorney at Pittenger Law Firm, has made legal malpractice his business for over twenty years. He has a proven, time tested track record of winning sizable verdicts for his clients. Not only is Legal Malpractice Attorney Pittenger passionate about helping those in the Baton Rouge, LA area who have been misrepresented in legal matters, he is also dedicated to giving back to the Baton Rouge community. Pittenger Law Firm donates 10% of its net profits locally each and every year.

If you strongly feel that you have been wronged by your attorney and that you would have prevailed in your civil or criminal case if it were not for your lawyer’s neglectful conduct, don’t hesitate to contact a legal malpractice attorney. It is possible that you can be compensated for the damages you have suffered. Contact Pittenger Law Firm today to speak to the Baton Rouge legal malpractice attorney who cares.