Has Your Case Suffered Because Of Negligent Legal Representation?

When you hire an attorney, you deserve loyal, competent and trustworthy representation. At Alves Radcliffe, LLP, we represent clients who have adversely suffered as a result of an attorney's negligent representation.

If you believed your lawyer breached the duty they owed to you, you may have a case for legal malpractice. The statute of limitations requires a litigant to file a claim for Professional Negligence within one year. (California Civil Code of Procedure Section 340.6) In order to preserve your rights it is important to seek the advice of attorney immediately to avoid your claim being barred by the statute of limitations.

Call our office in Sacramento to discuss your potential case at 916-596-1642.

How Do You Prove Negligence In Legal Malpractice Cases?

Four elements must be present in order for you to have a case for malpractice:

  1. Duty - The attorney has a duty to us such skill, prudence, and diligence as other members of his profession commonly possess and exercise;
  2. Breach - A breach of the attorney's duty to you;
  3. Causation - a proximate causal connection between the negligent conduct and resulting injury;
  4. Damage - You suffered actual loss or damage as a result of the negligence.

When an attorney represents you, he or she has a duty to represent you with such skill and diligence as a reasonable attorney of similar skill and experience should have. The critical inquiry to determine whether an attorney was negligent is whether that attorney's actions or advise were so legally deficient when it was given that he or she may be found to have failed to use such skill and diligence as lawyers of ordinary skill and capacity commonly possess in the performance of the tasks which they undertake.

Causes Of Legal Malpractice

The law defines legal malpractice as three areas:

  • Breach of fiduciary duty - This is the term that means your attorney has failed in their obligation to give you, as the client, the best care possible.
  • Breach of contract - This is when someone goes against the terms agreed upon in a contract.
  • Negligence - This occurs when an attorney fails to act in a way that a reasonable attorney would be expected to act and fails to meet expectations which then cause damage.

Ways An Attorney Can Be Negligent

If the attorney is negligent in providing adequate, competent counsel, you may have a case for malpractice. Here are some ways an attorney may breech the duty of care owed to a client:

  • Missed deadlines - The attorney is responsible for ensuring that important case deadlines are met. These deadlines include things like filing documents or for when statutes of limitations run out to file motions or bring your case to trial.
  • Withholding information - If a settlement was offered in your case, the attorney is obligated to inform you of that offer. If you are not told about the offer, the attorney may be negligent.

Additionally, you must be able to prove that without the attorney's negligence, you would have won the case.

Other cases for Legal Malpractice:

  • Undisclosed conflicts of interest - Your attorney must disclose any conflicts of interest which could cause them to not represent your interests foremost. These conflicts could include having a relative of the attorney's as opposing counsel. The attorneys loyalty must be to you alone as the client.
  • Misrepresentation - If an attorney tells a client something as a fact, but knows it to be false and this misleads the client, that is misrepresentation.

Call to Have Your Case Evaluated

Call us to set up a consultation at 916-596-1642. You can also email us to tell us about your case. We can discuss the elements of your case and help determine if you have an action for legal malpractice. We will do our best to see that justice is served in your case.