Legal Malpractice

Find a Lawyer in Your State

Need Help?

Find a Lawyer Near You

Submit your Medical Malpractice claim details for a free, no obligation case review.

Get Started:

Legal Malpractice Attorney

A legal malpractice attorney is one who specializes in helping the victims of legal malpractice pursue compensation for the monetary damages they have suffered as a result. A legal malpractice attorney has intimate knowledge of the laws that apply to a victim''s case and how to utilize them in order to protect and maximize a victim''s interests.

Legal malpractice occurs when an attorney commits any act of negligence, breech of contract, or breech of fiduciary duty while representing a client in a legal case which causes monetary damage to the client. Legal malpractice can be executed in a number of ways, the most common of which include an attorney''s failure to properly and adequately pursue a client''s case, secure witnesses and experts, or act before calendar deadlines and statutes of limitation.

Legal malpractice occurs when a fiduciary duty or a contractual duty is breeched. This occurs any time a legal professional fails to give the client''s interests precedence over the interests of others. An attorney can also be guilty of legal malpractice when s/he forces a client to settle out of court due to their own interests or negligence.

A legal malpractice attorney can help a victim to prove the facts that are necessary in order to receive compensation for the damages they have suffered. There are four things that a legal malpractice attorney must prove while representing a victim in a civil legal case. First, a client-attorney relationship must be proven between the defendant and the plaintiff indicating that the attorney had a duty to act with reasonable care in relation to the victim''s original legal case. Secondly, a breech of this duty must be shown to have occurred. Next, the legal malpractice attorney must prove that this breech of duty caused injury to the plaintiff. Finally, the damages caused by the legal malpractice must be clearly shown and quantified.

How a legal malpractice attorney chooses to pursue their client''s case will depend on whether the defendant-attorney has legal malpractice insurance. Attorneys are not required to possess this insurance, though it is often in their best interest to secure this protection. Approximately sixty percent of all attorneys have legal malpractice insurance. Each year approximately five to six percent of all attorneys in the United States will have a malpractice claim filed against them.

When an attorney has legal malpractice insurance this company will be involved in settlement negotiations in the legal malpractice lawsuit. This insurance company will assign a legal malpractice attorney to represent the client who faces the malpractice allegations. They will also allocate money in the event that the attorney-defendant is found guilty of legal malpractice.

Approximately 35,000 people become the victims of legal malpractice every year. The help of an experienced legal malpractice attorney can help victims receive compensation for the damages they have suffered as a result of legal malpractice.

Medical Malpractice Breaking News

"NY Attorney General subpoenas five insurers for records on legal malpractice"

New York Attorney General Eliot Spitzer has opened a probe on legal malpractice insurance. His latest inquiry is a new area of an investigation that began with accusations of bid rigging and kickbacks among insurers and brokers.

Spitzer''s i...

» Read More

Online Lawyer Source

Lawyers & Legal News Near You

Need Legal Help?

Start Here for a Free Case Review!