How Do I Know If I Have A Legal Malpractice Claim In Louisiana?
Legal malpractice takes place when you hire an attorney and then he or she fails to provide you with competent legal representation. This failure could be a negligent mistake or could even be an act of malicious intent. Legal malpractice claims require more than just accusations. In order to have a valid legal malpractice case, you and your Iberville Parish, LA malpractice attorney must prove four factors:
- 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 of charge or not, with a lawyer alone is not enough. A signed contract or a receipt for a retainer fee is usually needed to prove that the lawyer owed you a duty of care.
- He or she breached that duty of care. Attorneys are required to exercise the same level of care that any other competent attorney in the local area would provide in a similar situation. If a reasonable local attorney would not use the same strategy this one did, there may have been a breach of duty.
- The breach of duty caused damage to you. Your attorney just making a mistake in your case does not automatically mean he or she was negligent. Was there real damage done to you 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 avoided damages by prevailing in your case. If your attorney did breach his duty of care but you would have lost your case anyway, you will not be awarded anything.
- You suffered a measurable financial loss as a result of your attorney’s negligence. It is necessary to show the damages you suffered in order to be compensated for them. You may separately choose to report your attorney’s actions to the State Bar. This could result in sanctions or even in his or her disbarment.
I Did Not Lose A Large Amount Of Money. Is It Really Worth Following Through With A Legal Malpractice Claim?
A case for legal malpractice is expensive and time-consuming, requiring an expert legal malpractice attorney. It would simply not be worth it to file a legal malpractice claim worth less than several thousand dollars in Zachary, LA.
Doesn’t My Lawyer Have To Have Liability Insurance To Cover My Claim?
Several states require attorneys to hold professional liability insurance policies. Unfortunately, Louisiana is not one of them. You may be able to prove a legal malpractice case and you may even win that case but when you attempt to collect on your judgement, a lawyer with no insurance coverage may not have the money to pay you. Your Zachary, LA legal malpractice attorney can help you calculate the likelihood of getting paid, if you go through with filing your claim.
If My Attorney Has Voluntary Insurance Coverage, Does That Mean My Claim Will Be Covered
Your malpractice claim may be more likely to be covered, if you attorney carries professional liability insurance. However, this by no means guarantees that your claim will be compensated. Insurance policy requirements vary and will need to be reviewed by your legal malpractice attorney in Zachary, Louisiana.
Will My Louisiana Legal Malpractice Case Get Back The Money I Lost?
A successful legal malpractice case will leave you in the position you would have been in, had you won your underlying case. If you had to pay money in that case, you can be compensated for that loss. If you did not receive the damages you were entitled to, you may be compensated for that loss. Your Zachary legal malpractice attorney can pinpoint exactly which damages you are entitled to.
How Does A Jury Look Backward?
A jury that is deliberating on a legal malpractice case has to look back to your underlying case and try to guess what the outcome would have been, if your attorney had not made any mistakes. You will need a skilled Zachary, LA legal malpractice attorney to demonstrate how that original case was tainted by malpractice.
Am I Stuck With My Attorney Once I Sign A Fee Agreement?
You are never stuck with an attorney whom you no longer wish to work with. As a client, you have the right to end your relationship with that attorney. However, your lawyer can raise the issue of whether or not that termination was for good cause.
What If My Reason For Firing My Attorney Is Not Considered Good Cause?
If you and your attorney cannot work something out between the two of you, you may find yourself defending your choice to terminate the working relationship to a judge. If the judge decides that you did not have good cause to fire your lawyer, you might have to compensate him or her. You could have to pay for the time they had put into your case so far, or you could have to pay the entire sum you agreed upon.
Iberville Parish legal malpractice attorney, Tommy Pittenger, at Pittenger Law Firm, has been combating legal malpractice for over twenty years. He has a long and proven track record of winning generous verdicts for his clients. Not only is Legal Malpractice Attorney Pettinger committed to helping those who have suffered locally due to legal malpractice in the Iberville Parish area, he is also admirably dedicated to giving back to the local community. Pittenger Law Firm donates 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 legal representation, please do not hesitate to contact a legal malpractice attorney like Tommy Pittenger. You deserve to be compensated for the damage you have suffered. Call Pittenger Law Firm today to speak to a seasoned Iberville Parish legal malpractice attorney.
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