What Is Legal Malpractice In The State Of Louisiana?
A lawyer who causes you to lose your Greenwell Springs or East Baton Rouge Parish County case due to an error can be held accountable. You may file a malpractice claim with the help of a legal malpractice attorney. Errors considered malpractice include:
- Typographical error: Inverting a numerical amount or using a single incorrect word can have a devastating effect on your legal case and constitute malpractice.
- Ineffective search of records: An attorney who fails to perform searches for public records in a case that requires them or who performs them incorrectly can be guilty of malpractice. It is advised that you retain a Louisiana legal malpractice attorney
- Failure to obtain client consent or follow client instructions: Your lawyer is required to represent you and your legal wishes in your case. If he or she accepts an offer or takes any action without your consent or against your wishes, it amounts to legal malpractice.
- Failure to effectively apply the law: The most common form of legal malpractice in the US is failing to know and apply the law correctly. Whether the attorney fails to research the facts of your case or the law itself, it amounts to a malpractice claim. An experienced legal malpractice attorney in Greenwell Springs, LA can advise you on whether it is worthwhile to pursue a malpractice action.
- Failure to form an effective strategy: Each case an attorney handles requires meticulous planning and the creation of a specific legal strategy. Failure to do so is not an acceptable way to practice law.
- Neglecting to file non-deadline documents: Not all documents in a legal case have strict deadlines. It is exceedingly common for documents without deadlines to be forgotten by attorneys and end up never being filed, which can easily result in the loss of your case.
- Failure to perform an adequate investigation: An attorney is required to use all means reasonable to investigate the facts of your case and to thoroughly conduct any necessary methods of discovery. One who fails to do so is open to a legal malpractice claim.
- Failure to properly calendar: All attorneys must keep an updated calendar of all court dates and deadlines for every case they handle. A lawyer who misses a court date or deadline or does not realize a deadline applies to a case has committed legal malpractice.
- Neglecting a conflict of interest: It is standard for an attorney to check the names of all parties in a potential case against current and former clients to avoid representing clients with conflicting interests. Being ignorant of the conflict does not excuse the lawyer of such legal malpractice.
- Improper withdrawal from a case: An attorney who fails to withdrawal from a case in a timely manner in Greenwell Springs, Louisiana has committed legal malpractice. Contact a legal malpractice lawyer as soon as you can.
- Fraud: Fraudulent activity of any kind on the part of your attorney is grounds for legal malpractice.
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