Do I Have A Legal Malpractice Case?
Legal malpractice happens when an attorney fails to provide reasonably competent representation to a client and it causes the loss of a case. This failure could be the result of a mistake or could be malicious intent. In order to win a legal malpractice case, your Louisiana legal malpractice attorney must prove four elements on your behalf:
- The Existence Of An Attorney-Client Relationship: Before you can prove malpractice, you must first prove that the attorney had actually committed to providing you with legal representation. The fact that you had a consultation is not enough to prove that an attorney-client relationship was entered into. A contract or a retainer fee can usually prove that the attorney owed you a duty of care.
- Breach Of Duty: Once you prove that the attorney had a duty to provide you with competent legal services, you must prove that he or she went on to breach that duty of care. Attorneys are expected to use the same level of care that other lawyers would provide in that situation. If a competent attorney would not use the same strategy your attorney did, there likely was a breach of duty.
- Causation: Making an error in your case does not equal negligence, if there was no damage done to you. In order to be compensated for legal malpractice, you have to prove that if your attorney had not breached his duty of care, you would have won your case. If your lawyer breached his duty of care but you would have lost your case regardless, you are not going to be awarded damages for legal malpractice.
- (Financial) Damages: You must prove that not only was your attorney negligent and it caused you to lose your case, but also that you suffered a financial loss because of it. Keep in mind that you may also report your attorney’s actions to the State Bar, which could result in sanctions or disbarment. In cases involving theft or fraud, your attorney may even be prosecuted criminally.
Tommy Pittenger, the Ascension Parish legal malpractice attorney at Pittenger Law Firm, has made fighting legal malpractice his business for over twenty years. He has a proven, time tested track record of winning significant verdicts for his clients. Not only is Legal Malpractice Attorney Pettinger dedicated to helping those in the Ascension Parish, LA area who have been misrepresented in legal matters, he is also dedicated to giving back to the local community. Pittenger Law Firm donates 10% of its net profits to local nonprofit organizations each year.
If you strongly believe that your case was handled negligently by your attorney and that you would have prevailed in your criminal or civil case, if it were not for your lawyer’s conduct, don’t hesitate to contact a skilled legal malpractice attorney. It is possible that you could be compensated for the damages you have suffered. Contact Pittenger Law Firm today to consult with a Ascension Parish legal malpractice attorney who cares about you.
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