Is It Safe to Speak to a Legal Malpractice Attorney About Another Lawyer’s Ethics?
When you make the choice to work with a lawyer, you expect that you’ll have his trust so you can confidently proceed with a legal matter with absolute confidence. Unfortunately, some attorneys do not follow through on this type of promise. In these cases, you need to speak to a legal malpractice attorney to find out more about your rights.
When You Should Speak to a Legal Malpractice Attorney
You may wonder if it’s safe to speak to a legal malpractice lawyer regarding your rights, as he or she is also in the legal field. However, a legal malpractice attorney will not have any qualms about doing what is right. While he or she may work in the same field as the defendant, he or she is committed to upholding the law as well.
It’s easy to understand why a client may feel unsure about speaking to another attorney, especially if their lawyer broke their trust. However, you can put any confusion aside by working with a lawyer who specializes in legal malpractice complaints. They will make it their priority to ensure you are compensated for any violations that impacted you legally.
Breaching the Client’s Trust
When you retain the services of a lawyer, he or she is bound legally and ethically to pursue legal action in the best interest of his or her client. Therefore, they are expected to perform their actions in good faith and to the utmost of their ability. When they fail to do this, a breach of fiduciary duty occurs.
A legal malpractice attorney will work for you so an unethical or negligent lawyer is held accountable for a breach of fiduciary duty or trust. To understand the dynamics of a legal malpractice case, you have to understand how it happens.
Defining Legal Malpractice
A legal malpractice lawsuit does not result if a lawyer happens to lose a case. Attorneys win and lose lawsuits or cases all the time. That is the nature of legal work and what regularly occurs in the justice system. No lawyer realistically can promise to win a case. Someone has to lose and someone has to win. It’s just part of the legal process.
Each state in the U.S. has established its rules of professional conduct in the legal field. When legal malpractice occurs, it’s because a lawyer has failed to provide services using prudence, diligence, and the skills a reasonable attorney would employ normally. This standard is found in California’s Civil Jury Instruction 600.
How a Legal Malpractice Attorney Proves Legal Malpractice in California
To prove legal malpractice in California, an attorney must show the following:
- That a lawyer and client relationship existed between the two parties
- That the defendant (lawyer) was negligent in their legal representation
- That the negligence harmed the client
- That the extent of the harm was significant
Examples of Legal Malpractice
To better understand how legal malpractice can injure a client, it helps to review some examples. For instance, legal malpractice may happen if an attorney fails to tell a client about information that is vital to their case. It may also occur if mistakes appear in legal documents – mistakes that should never appear when they are drawn up by a competent attorney
In some cases, an attorney may have misused a client’s finances or he or she may have overcharged a client for legal services. A legal breach may also occur if a client has not given their consent to an agreement, but it goes through anyway. Sometimes, deadlines are not met, which creates issues with filing or statute of limitation guidelines.
Types of Damages
As you can see, anytime a lawyer does not follow through as expected or does not adhere to a professional code of ethics, it can lead to problems with malpractice. To remedy the problem, clients may request specific damages, including the following:
- Compensatory damages for an agreed payment in an original agreement
- Damages for pain and suffering, including emotional distress
- Restitution to cover deposits or billings
- Punitive damages for intentional or negligent actions
- Legal fees and court costs to cover a plaintiff’s expenses
Legal Malpractice Payouts Continue to Rise
According to The American Lawyer | Law.Com, legal malpractice payouts have reached an unprecedented high. The report adds that one claim payout of $50 million was made while some major claims by insurers resulted in payouts between $150 million and $300 million. The highest claims paid were $300 million. The increase in payouts has steadily climbed each year.
Therefore, you’re not alone if you have been “scammed” in the legal field. Legal oversights are not uncommon, as shown by the latest reports. You should assert your rights if you feel your lawyer broke his or her breach of fiduciary duty or did not place your interests ahead of their own.
Contact an Experienced Legal Malpractice Attorney
To ensure you receive fair compensation, contact an experienced legal malpractice attorney. In California, call Jance M. Weberman right away. Contact the legal firm at (213) 386-9100 today and schedule an appointment for a free consultation.