Hire Legal Malpractice Lawyers in Los Angeles for Your Case
You turn to a lawyer to help you with a situation that has become too complex to resolve on your own. You trust the lawyer to help you but what do you do when you are no longer confident that he or she has acted in your best interests? If you want to sue for legal malpractice, here are some things you ought to know.
Legal malpractice in Los Angeles occurs when a lawyer does not perform according to the standard and codes of professional and ethical conduct. If your lawyer has violated these standards in some way, you may file a legal malpractice case. You can’t just sue for malpractice if you don’t win your case.
If you want to win a legal malpractice case, you have to prove four elements:
- You need to prove the client/lawyer relationship and that the lawyer had the duty to provide you with competent representation. The nature of this could vary, depending on the ethics rules of the State Bar. Some lawyers do contest such a relationship.
- You must prove that the lawyer did not exercise the diligence, care and skill that are commonly exercised by other lawyers in similar circumstances and conditions. A failure to ensure a particular outcome or to employ the right strategy does not usually amount to a breach of duty.
- The breach resulted in harm. It could be challenging to prove that you would have won your case if your lawyer had acted differently.
- The harm caused a financial loss. When a financial loss would have occurred irrespective of your lawyer’s mistake, you do not have a case.
Common forms of lawyer malpractice
- Not meeting a filing or service deadline.
- Not suing within the statute of limitations.
- Representing clients with conflicting interests.
- Abuse of a client’s trust account. This may involve combining trust account funds with a lawyer’s personal funds.
- Carelessness, indifference or willfulness.
In cases of theft or fraud, you should report the lawyer to the State Bar. The State Bar may impose a fine or disbar the lawyer.
Is it malpractice?
What if your lawyer settles your case without authorization? This is malpractice because a lawyer should never settle a case without approval from a client.
What do you do if you suspect that your lawyer has misused your money? If you suspect this, you need to report it immediately to your state’s regulatory agency. Most states have funds to reimburse clients when a lawyer is caught stealing from them.
What do you do if your lawyer recommends settlement for far less money than you expected? This is not considered as malpractice. Your lawyer may have given you an inflated estimate of what your case was worth.
Working with a legal malpractice lawyer
If you want to prove legal malpractice, it has to be clear to the court that what the lawyer did was prejudicial to you and that you would have won your case if he or she had abided by the professional rules of conduct.
Facts that may suggest violations of conduct are not always actionable. For example, your lawyer is required to communicate with you in a reasonable manner but neglecting to return every phone call is not necessarily an act of malpractice.
The success of legal malpractice cases often comes down to specifics and what can be proven. At Weberman Law Office our experienced attorneys understand how difficult it can be to sue a lawyer for malpractice. One of our accomplished lawyers will carefully guide you through the process. Call us at (310)396-0731 for a free initial consultation.