What Does Legal Malpractice Even Mean?
Legal malpractice is when an attorney fails to provide his or her client competent representation. This failure could be simply a negligent mistake or an act of malicious intent. Malpractice claims require more than an accusation. To have a valid legal malpractice case, you and your Lafayette, LA malpractice attorney must prove four factors:
- An Attorney-Client Relationship Existed: You must first show that the attorney had committed to the duty of providing you with his or her legal representation. The fact that you had a free consultation with a lawyer is not enough. A signed contract or a receipt for a retainer fee will prove that the lawyer owed you a duty of care.
- Breach Of Duty: Once you show the court that the attorney you are accusing of malpractice had a duty to provide you with his or her competent legal services, you must then prove that they breached that duty of care. Attorneys are required to exercise the same level of care that another attorney in the same industry 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, which can amount to negligence.
- Causation: Your attorney simply making a mistake in your case does not necessarily mean he or she was negligent, if there was no damage done as a result. To be compensated for legal malpractice damages, you must prove that if your attorney had upheld his or her duty of care, you would have won your original case. If your attorney did breach his duty of care but your case would not have prevailed anyway, you will not be awarded any damages for legal malpractice.
- Damages: You have to show not only that your attorney was negligent and this caused you to lose your case, but you also suffered a financial loss as a result. You may also want to report your attorney’s actions to the State Bar. This could result in separate sanctions or even disbarment.
Lafayette legal malpractice attorney, Tommy Pittenger, at Pittenger Law Firm, has fought legal malpractice for over twenty years. He has a long record of winning very sizable verdicts for his clients. Not only is Legal Malpractice Attorney Pettinger passionate about helping those who have suffered malpractice in the Lafayette, LA area, he is also an attorney dedicated to giving back to his local community. Pittenger Law Firm is committed to donating 10% of its net profits locally every year.
If you believe that you have been wronged by your attorney and think that you would have prevailed in a civil or a criminal case, if not for your lawyer’s neglectful representation, please don’t hesitate to contact a legal malpractice attorney like Tommy Pittenger. You may be compensated for the damage you have suffered. Call Pittenger Law Firm today and speak to the Lafayette legal malpractice attorney who truly cares.
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