Proving an Attorney Breached Duty

Establishing a case of this nature is not always easy to do, and it takes having a skilled and experienced lawyer on your side for you to have a fighting chance with your case. Your lawyer must show, through evidence, that your previous attorney failed to live up to their duties and provide you with the best, most competent representation possible. Your lawyer also must show that this failure damaged you in some way for the verdict to be given in your favor. The research that goes into a case like this can be extensive, and you need a good lawyer and team behind you that can get the leg work done so that you have a strong enough case to proceed.

An Attorney That Knows the Laws

A quality legal malpractice attorney in Los Angeles is one that is highly familiar with the California laws as they pertain to legal malpractice. You want a lawyer that not only has experience with cases like yours but can display success in representing clients so that you stand a better chance at winning your case. Your lawyer should be someone that is an attentive listener so that they learn the ins and outs of your situation and can develop the best strategies for moving forward for you.

See an Attorney Right Away

If you believe you have been wronged by a previous attorney and not represented competently, you only have a certain amount of time to file legal action so you can sue for malpractice. You will want to contact a legal malpractice attorney in Los Angeles as soon as you can and calling us at the law office of Jance M. Weberman can be the best choice you can make. Mr. Weberman has a background in malpractice litigation and can help you work towards recovering damages in your case. You can find out more information about cases like yours and how we can go about assisting you by coming to our website. If you would like to schedule a consultation with us, please call our office at (213) 386-9100. A member of our office staff will be happy to assist you, so you get the opportunity to talk about your situation with the right lawyer for the job.

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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.

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