What constitutes legal malpractice in Louisiana?
When a lawyer makes a mistake that costs you your Baton Rouge case, he or she can be held accountable via filing a malpractice claim with the help of a legal malpractice attorney. There are a multitude of errors attorneys frequently make that constitute malpractice:
- Clerical error: Failing to proofread a document can spiral out of control in a legal case. A typographical error, especially concerning dollar amounts, can be dire for your case and leave you with a malpractice claim against your attorney.
- Record search error: Many legal cases require the search of public records for trademarks, patents, or titles. When an attorney either fails to perform these searches or performs them incorrectly, it can amount to malpractice. Contact a Louisiana legal malpractice attorney.
- Refusal to follow instructions or obtain consent: Your attorney represents you and is bound by your instructions. If a legally binding move is made against your wishes or without your consent, intentionally or by mistake, your attorney has committed malpractice.
- Incorrect knowledge or application of the law: The most common form of legal malpractice is simply failure to correctly know or use the law. This can be due to a lack of effort to learn the facts of the case or negligence of the applicable law itself. An experienced legal malpractice attorney in Baton Rouge, LA can help you determine whether malpractice occurred in your case.
- Ineffectual strategizing: Legal proceedings require careful planning and the formation of a sound legal strategy. Failure to dedicate time and effort to creating a strategy that could feasibly benefit you and your legal case is not an acceptable practice.
- Neglecting to file documents: While many legal documents are attached to specific deadlines, others are not technically time sensitive. It is shockingly common for these documents to be pushed aside by attorneys and never filed, quite possibly causing a loss in your case.
- Inadequate investigation: An attorney who fails to properly investigate the facts of your case or thoroughly conduct all necessary forms of discovery is opening himself or herself up to a valid malpractice claim.
- Failure to calendar or meet a deadline: Attorneys are required to keep a calendar of court dates and deadlines for each case they handle. Missing a court date or deadline or being unaware of a deadline or of how a deadline applies to a document or a case is a very common form of malpractice.
- Conflict of interest: Before an attorney accepts a new case, it is standard procedure to check the names of the parties against existing clients to avoid representing clients with conflicting interests. Being unaware that the conflict exists does not excuse an attorney of this type of legal malpractice.
- Improper withdrawal: An attorney who fails to withdrawal properly from a case in Baton Rouge, Louisiana is committing malpractice. Take your case to a skilled legal malpractice lawyer as soon as possible.
- Fraud: Any type of fraudulent activity on the part of your attorney is always grounds for legal malpractice.
When lawyers make mistakes, they should be held accountable.
If your lawyer made a mistake in your case or transaction, you may lose your case, fail to close a deal, or learn it will cost you a lot of money. It is understandable that you may not want to speak with another attorney, but you should.
An experienced legal malpractice attorney can help you identify if the mistake constitutes malpractice and, if so, what to do about it (which may include using the lawyer). In those situations, it is important to find a trusted attorney in Louisiana that will tell it like it is.
An honest legal malpractice lawyer based in Louisiana.
Tommy Pittenger isn’t afraid to fight for your rights and go after other lawyers that have committed significant mistakes that harm you or your business. He believes everyone should be held accountable for their actions, including lawyers.
Over the last 20 years, Tommy has won significant verdicts and settlements for his clients across the entire state of Louisiana. He takes pride in giving honest advice to his clients and making sure they always understand what is going on and the status of their case.
Types of Cases & Legal Malpractice:
- Drafting or filing errors
- Collection and bankruptcy matters
- Estate drafting and administration
- Family law disputes
- Missed filing deadlines
- Personal injury cases
- Probate errors
- Real estate deals
If you think you have a claim, contact Pittenger Law Firm. There are strict deadlines to file legal malpractice claims. If you think your lawyer committed legal malpractice, contact Tommy as soon as you can for a consultation.
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