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What Can You Do If Your Attorney Has Been Negligent?
When we seek the advice of an attorney we expect that advice to be fair and just. However when your lawyer fails in their duty to either give good advice, or provide proper execution or settlement of your case, then sometimes the consequences can be dire. A team of Los Angeles lawyers who are well versed in dealing with legal malpractice can help.
So how do you know if you have a case for a legal malpractice claim?
To have an answerable claim for a legal malpractice lawsuit it is important to show that the representing attorney failed to demonstrate the relevant skill and care needed to process your case. There are certain common mistakes that legal teams can make that may be classed as legal misconduct and they are as follows:
Unfamiliarity of the law
In many cases, laws can be quite complex depending upon which state the client resides in and what the criteria of their case are. It is not uncommon for a representing lawyer to make mistakes such as failing to adhere to deadlines because of lack of knowledge and not being fully conversant with the law as it applies to that particular state.
Lack of Information/bad advice
Another reason why a client might have good grounding for a legal malpractice claim is when a lawyer fails to inform the client of vital information about their case, or even misinforms them. This again might lead to costly consequences for the unfortunate clients.
Failure to get consent
It is generally standard practice for a representing LA attorney to get consent, either verbally or written, from their clients, before they pursue any avenue of investigation. If a representing attorney fails to get this consent, then the clients may have grounds for recourse should the case fall apart.
Failure to follow instructions
Some lawyers can be quite bullish in nature and will adopt an 'I know best' policy and to this end, will blatantly ignore instructions from their client in order to pursue what they think is best. It could be that there are reasons why the client may not want to pursue a particular avenue of investigation and any team of Los Angeles lawyers should and indeed will respect this.
Something that any case creates a lot of is paperwork. In some instances the paper trails can be astronomical so a great attorney needs equally great administrative skills, or at the very least have someone on board who does. If they fail to calendar in events, or lose important paperwork, or forget to file the said paperwork, then this can slow a case down, which could prove costly for the client.
So what should you do if you have become a victim to possible legal malpractice?
Firstly and most importantly, you should contact a team of attorneys Los Angeles who specialize in legal malpractice lawsuits. This needs to be done quickly because in most states a statute of limitations applies to most types of case. Therefore time is of the essence for a representing lawyer.
In order to be successful in such a claim the plaintiff will have to prove...
- That there actually was an agreed existence between the attorney and client
- That the representing lawyer was indeed negligent in their duties
- Also that the said negligence of the lawyer led to the client suffering a financial loss
For a lawyer to be negligent in their duties it is said that the attorney has to have acted outside of the 'standard of care' which governs any legal representation. An experienced legal malpractice attorney will have the skills necessary to prove any wrongdoings by the former lawyer and as a result can deliver financial compensation to their clients.
So why does it happen?
There are many theories as to why clients get misrepresented and they may include lawyers who practice outside of their areas of speciality and attorneys who have suffered during the economic down turn, who may have taken on clients that they probably shouldn't have.
If you believe that your lawyer has misrepresented you in some way, then be assured that there is some form of recourse that you can pursue. Don't suffer in silence; instead contact the right team of Los Angeles lawyers who specialise in legal malpractice today.