Read these 4 Attorney Malpractice Tips tips to make your life smarter, better, faster and wiser. Each tip is approved by our Editors and created by expert writers so great we call them Gurus. LifeTips is the place to go when you need to know about Legal tips and hundreds of other topics.
Malpractice cannot be claimed simply because you did not like the outcome of your case. Court proceedings can involve many different and hard-to-calculate variables. Juries can be very unpredictable when it comes to outcomes, for example, and simply because your award, if any, did not meet your expectations, does not automatically mean your attorney committed legal malpractice.
If for some reason, your attorney lacked expertise in the area of your case and failed to bring in someone who did, that type of behavior may constitute attorney malpractice. This may be hard to prove one way or the other with all the variables, such as a jury, involved.
If you feel that you would have won your case or received a different award as an outcome, and that your attorney did not perform to the standards of your area and his/her expertise, a consultation with an attorney malpractice lawyer might be in order.
As with other areas of malpractice, attorney malpractice occurs when the professional has breeched his or her duty to provide services reasonable within the scope of his/her expertise for the geographical region. Several factors must exist for one to be successful in proving attorney malpractice.
Your legal malpractice attorney will have to prove that there was malpractice committed on the part of your original counsel and also that if there had not been malpractice; you would have been awarded a jury verdict.
Something to consider in making this determination would be whether there was a reasonable settlement offer made. This might indicate that your case was in fact valid and that malpractice might well have occurred. To be sure of your legal standing, you should consult a reputable legal malpractice attorney to review the details of your situation.
As with any other complaint filed in a court of law, a sample complaint for attorney malpractice will include the allegations made by the claimant and reasons for the complaint.
With regard to locating an attorney to handle an attorney malpractice claim, your local bar association will be a good place to start. Another suggestion in finding a legal malpractice attorney would be to contact a legal locating service.
Many of these companies exist on the Internet. This type of company can quickly and conveniently help you to locate an attorney in your area that would handle such cases. Most offer this service as free and confidential. This type of expert can analyze your claim and provide names of attorneys for you choose from, all within your area.
Attorney malpractice insurance, unfortunately, is almost a necessary evil in today's society. Many firms will insure their employees with attorney malpractice insurance to protect not only the individual, but the firm as well, should occasion arise for them to be sued for malpractice.
This type of insurance is called professional insurance, and is much in line with medical malpractice insurance or any other businessman carrying a policy with errors and omissions, such as a realtor.
One could think of an attorney carrying insurance not as an indication they feel they will need it or have needed insurance coverage in the past, but rather a realistic approach to business and having covered all their proverbial legal bases.
|Jennifer Mathes, Ph.D.|