Protecting The Right To Competent Legal Counsel
Has Your Case Suffered Because Of Negligent Legal Representation?
How Do You Prove Negligence In Legal Malpractice Cases?
Four elements must be present in order for you to have a case for malpractice:
- Duty – The attorney has a duty to us such skill, prudence, and diligence as other members of his profession commonly possess and exercise;
- Breach – A breach of the attorney’s duty to you;
- Causation – a proximate causal connection between the negligent conduct and resulting injury;
- 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:
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:
Additionally, you must be able to prove that without the attorney’s negligence, you would have won the case.
Other cases for Legal Malpractice: