Do I Have A Legal Malpractice Claim?
Legal malpractice is what happens when your attorney fails to provide you, as his client, with competent legal representation. This failure may be a negligent mistake or could be an act of malicious intent against you. Legal malpractice claims require more than just an accusation from you. In order to have a valid legal malpractice case, you and your Evangeline Parish, LA malpractice attorney must prove four factors:
- You must show that the attorney committed to the duty of providing you with his or her competent legal representation. The fact that you had a consultation, whether free or paid for, with a lawyer alone is not enough. A signed contract or a receipt for a retainer fee is needed to prove that the lawyer owed you a duty of care.
- You must prove that he or she went on to breach that duty of care. Attorneys are required to exercise the same level of care that any other competent attorney in the area would provide in a similar situation. If a reasonable attorney would not use the same strategy this one did, there may have been a breach of duty and this can amount to negligence.
- You must prove causation. Your attorney just making a mistake in your case does not automatically mean he or she was negligen. Was there real damage done as a result? To be compensated for legal malpractice damages, you must prove that if your attorney had met his or her duty of care, you would have won your case and avoided damages. If your attorney did breach his duty of care but you would have lost your case anyway, you will not be awarded any damages.
- You have to show the court not only that your attorney was negligent and therefore caused you to lose your case, but that you also suffered a measurable financial loss as a result. You may separately choose to report your attorney’s actions to the State Bar. This could result in sanctions or even his or her disbarment.
Evangeline Parish legal malpractice attorney, Tommy Pittenger, at Pittenger Law Firm, has been fighting against legal malpractice for over twenty years. He has a long, proven track record of winning fair verdicts for his clients. Not only is Legal Malpractice Attorney Pettinger committed to helping those who have suffered due to legal malpractice in the Evangeline Parish area, he is also fully dedicated to giving back to his local community. Pittenger Law Firm is committed to donating 10% of its net profits locally every single year.
If you believe that you’ve been wronged by an attorney and that you would have prevailed in a civil or a criminal case, if it had not been for your lawyer’s failed representation, please don’t hesitate to contact a legal malpractice attorney like Tommy Pittenger. You can and should be compensated for the damage you have suffered. Call Pittenger Law Firm today to speak to an Evangeline Parish legal malpractice attorney.
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