How Do I Know If I Have A Legal Malpractice Case In Louisiana?
An attorney who makes a legal mistake that causes you to lose your Zachary or East Baton Rouge Parish County case can liable for the damage they cause you. You have the right to file a malpractice claim under the aid of a Zachary, Louisiana malpractice attorney. Common legal errors that can be considered malpractice include:
- Typing mistakes: Attorneys and their staffs type a staggering amount of documents each day. Without careful proofreading, an error in one word can change the entire meaning of a legal document and leave an attorney guilty of malpractice.
- Record search failure: Many cases revolve around disputes over title, trademark, or patent. It is recommended that you consult with a Louisiana legal malpractice attorney if your lawyer failed to conduct a proper public records search.
- Not obtaining consent: Your attorney cannot decide on how to proceed in your case without your explicit consent.
- Ignorance of the law: Whether your attorney did not look into your case closely enough to understand which law applied or simply did not understand the laws, failure to understand the law and how to apply it is not a defense to malpractice claims. A legal malpractice attorney in Zachary, LA can inform you on how to progress with a malpractice action.
- Failure to plan: An attorney must plan an individualized legal strategy for each and every case. Anything less is not acceptable conduct.
- Procrastinating over filing documents: While deadlines are stressful, documents without deadlines are often overlooked and forgotten by attorneys. This can easily cause you to lose your case.
- Failure to fully investigate: An attorney is expected to use any means necessary to properly investigate the circumstances of your case and also to exhaust any available methods of discovery. Failure to complete either is opening oneself up to a legal malpractice claim.
- Improper calendaring: Attorneys and their support staff are responsible for keeping a current calendar of all court dates and each deadline on each every case that they handle. A lawyer who causes a client to miss a court date or deadline has committed legal malpractice, whether or not they were aware that the court date had been set or the deadline was applicable.
- Conflicts of interest: Attorneys mustn’t represent two parties whose interests conflict with each other. If a lawyer or his staff fails to compare his new client against his updated client files and he accepts a case that creates a conflict of interest, he can certainly face a claim of malpractice as a result.
- Failure to withdrawal: An attorney who fails to withdrawal from a case once they are no longer involved in a proper and timely manner in Zachary, Louisiana can be accused of committing legal malpractice. Consider contacting a legal malpractice lawyer as soon as you are able to.
- Fraud: Lawyers who conduct any sort of fraudulent activity should be aware that they run the risk of being accused of legal malpractice.
Isn’t My Lawyer Required To Be Covered By Liability Insurance In Louisiana?
Unlike some other states, Louisiana does not force attorneys to maintain any type of professional liability insurance policy. It may seem like a failure to obtain liability insurance on your attorney’s part shouldn’t affect your malpractice claim, but when it is time to collect on your judgment, a lack of funds can cause a devastating problem. Your Zachary legal malpractice attorney can help you determine the likelihood that you’ll be able to collect from your former attorney before you file your case.
Shouldn’t My Claim Be Covered, If My Lawyer Has An Insurance Policy?
The fact that your attorney carries professional liability insurance does not necessarily mean that your particular claim will be covered. Insurance policies vary and should always be reviewed by a competent legal malpractice attorney in Zachary, Louisiana.
If I Only Lost A Small Amount Of Money, It Is Worth The Hassle Of Going Through A Legal Malpractice Case?
Legal malpractice cases are very difficult and expensive to prove. They require the expertise of an experienced legal malpractice attorney. It would not be worth the expense to fight for a legal malpractice case worth less than a few thousand dollars in Zachary, LA.
What Types Of Losses Can I Be Compensated For In My Louisiana Legal Malpractice Case?
The purpose of a legal malpractice claim is to demand that you be returned, economically, to the state you would be in if no error on the part of your attorney had taken place. If you had to pay money in your original case, that money might be repaid to you. If you would have received a certain amount of damages in your underlying case, you may be compensated for that loss. Your Zachary legal malpractice attorney can identity the kind of damages you should be seeking.
What Is “Backward Looking” As It Relates To A Legal Malpractice Case?
A jury in a legal malpractice case is tasked with considering the facts of your original case while also considering what may have occurred without your attorney’s mistakes. Your reputable Zachary, LA legal malpractice attorney will prove invaluable in demonstrating how your underlying case was affected by malpractice to the jury.
Can I still fire my attorney, if I’ve committed to their fee arrangement?
You always have the right to part ways with your attorney. However, he or she then has the right to question your reasoning. If the matter is taken to court and it is found that you did not have good cause to fire your attorney, you could have to pay him or her the entire amount agreed to.
What If My Reason For Firing My Attorney Is Not Considered Good Cause?
If a judge comes to the conclusion that the reasons you cite for ending your professional collaboration with your attorney are not good cause, there are multiple scenarios that could unfold. You could be required to simply pay for the services that you received up until the date when you fired him or her. Or, you could have to compensate them fully.
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