Finding the Right Legal Malpractice Attorney in Your City

All You Need to Know about Legal Malpractice

Legal Malpractice occurs when a lawyer has failed to meet his or her legal duties to a client. Legal duties include everything that attorneys are expected to be competent in, such as understanding legal principles and using them relative to a client’s case. Legal malpractice is the civil equivalent of a criminal charge; just like a criminal malpractice, it does not require a lawyer to have acted purposefully to prosecute a client’s case when it fails. It is enough to show that a lawyer, either purposefully or through negligence, failed to act in accordance with his or her legal duties to their client. This is similar to the tort of negligence; negligence is found when a party violates a duty owed to you, regardless of their intent to violate that duty.
The most common legal errors arise when a lawyer fails to make important deadlines during the course of a client’s case. Because of the nature of legal representation, which often requires strict timeliness and meeting deadlines, courts are less forgiving of these types of legal errors than others. For example , in a case where a lawyer representing a defendant failed to respond to a motion for summary judgment, thereby causing the trial court to grant the plaintiffs’ motion, the defendant was granted legal malpractice under the typical proscriptions for legal malpractice. See Duart v. Lotus Financial Group, Inc., 4 AD3d 144 (2d Dept 2004). In another case, a lawyer represented the wrong client and when the correct one came to file a suit to quiet title in an undivided interest in an estate, the lawyer failed to properly represent the correct client. See Joseph v. Law Offs. of Brian D. Perskin, 67 AD3d 739 (2d Dept 2009). The lawyer failed to check the client’s file for more recent information and pursuant to this, "due diligence" was found not to have been used. Similarly, where a lawyer fails to investigate a case prior to handling it, especially where the case has strong defenses against it, it may be found to have been legal malpractice. See Tobin v. Saratoga Cty. Dep’t of Soc. Servs., 117 AD2d 123 (3d Dept 1986).

Signs It’s Time to Hire a Legal Malpractice Attorney

There are numerous signs you can keep an eye out for that indicate you may need to enlist the help of a legal malpractice lawyer. Some of these signs may be obvious, such as when you realize that your financial situation is in jeopardy because of your lawyer’s failure to file a document before a deadline or missing a filing altogether, thus not only putting your case in jeopardy, but perhaps your future financial health as well. Malpractice happens when your lawyer acts negligently when it comes to your case to the extent that it puts your relationship or financial situation with your spouse or children at risk. Thus, you would want a practitioner to review the matter and provide an opinion as to whether there is a basis to proceed with a claim for legal malpractice.
If your case has been handled poorly to the extent that you have lost the chance of a better outcome than the one you ultimately received, then you might have grounds for a claim against your attorney. If you think your attorney has not handled your case properly, or has been negligent in handling matters in relation to your case, put your case file aside for a period of time and review it after some period. If you are starting to get anxious and wonder if you have a claim for legal malpractice, you may need assistance from a lawyer experienced in handling legal malpractice cases and in particular, familiarity with the nature of the underlying case and issues that were raised as well as the prior professionals involved in representing you in that underlying matter.

Choosing the Right Lawyer for Your Case

When searching for the best legal malpractice lawyer near you, it is important to consider a number of factors to ensure that they are the right fit for you and your case. First and foremost, consider the lawyer’s experience and their history of handling legal malpractice cases similar to yours. A lawyer who specializes in a certain area of malpractice will have a deeper understanding of the specific nuances involved in those types of cases, which could prove to be crucial in your litigation.
It is also important to consider the lawyer’s track record and client testimonials. Look for reviews and feedback from previous clients to see what their experiences have been like. A lawyer with a reputation for high settlements or verdicts may be a more appealing option than one who has only ever had smaller settlements. You should also look for a lawyer who offers a free consultation to discuss your case and potential strategies. This can help you determine if they are the right fit for you and your case before making a financial commitment.
Additionally, you should consider the lawyer’s fees and how they will be paid. Some lawyers work on a contingency fee basis, meaning that you will not have to pay anything upfront and they will only receive a percentage of the settlement or verdict if you win your case. Other lawyers may charge an hourly rate or a flat fee for their services. You should choose a lawyer that fits your budget and financial situation.

What to Expect with Your Legal Malpractice Case

Legal malpractice cases follow a typical progression. First, lawyers are contacted and claims (usually verbal) are made about whether legal malpractice occurred or did not occur. If it seems that there is a valid case (and to most of the clients we speak to, there is a valid case), a demand letter will be drafted and sent to the defendant law firm. Declarations may then have to be obtained depending upon the type of case. It is common that these declarations are not returnable or perhaps do not exist at all. The process will generally create conflict. The plaintiff/claimant must wait until the process is complete.
The next step is for the client to obtain counsel and start their case. A lawsuit will be commenced and the client will be asked to provide a detailed account of what happened and what was done . The primary work-up of the case comes in this pre-suit stage. This is the time when the research into the underlying case will be done and the standards of care will be defined. Once the suit is started, the case is on its own and will be just like every other lawsuit you can imagine. Oral and written discovery will take place, depositions will be given and judgments will be rendered. It is an inevitable progression and one filled with the unexpected. Just one twist is that the defense will invariably seek to remove the case to [Federal Court] or compel arbitration. When this happens, you are not only now in a different forum, you will need to consider whether the case should be stayed or whether it should proceed without a lawsuit.

Why You Should Consider Hiring a Local Malpractice Lawyer

One of the benefits of hiring a legal malpractice attorney from the area near you is their familiarity with the local laws and courts. Every state has its own set of laws, and within each state, those laws can be different from one county to the next. It is important to have a lawyer that not only knows the laws that apply to your case, but also knows the laws of the jurisdiction your case is being tried in. A lawyer who practices in the area where you have been wronged will know all of these things and be able to use them to your benefit.
An attorney from the area will also know the best way to present your case in front of the judge in your area’s court. Just as laws can differ from jurisdiction to jurisdiction, so too can the practices and customs of those courts. Small differences such as court schedules, flow of cases, and rules of decorum can make a difference in the outcome of a case. An attorney in your area knows all of these things very well, and can use them to your advantage.
As with any service, lawyers in your area will be more accessible than lawyers from further away. If you are suddenly required to make a court date or other appearance with little warning, for example, then having a lawyer near you that can make the appearance is very useful indeed.

Questions to Ask During Your First Consultation

When meeting with a potential legal malpractice lawyer for the first time, it is critical that you ask enough questions to determine whether or not this attorney will be the right lawyer for your legal malpractice case. When you leave that initial consultation meeting, you should have an understanding of how your lawyer will approach a potential case and handle your case should it become a lawsuit.
The following questions are a good start to finding out if any particular legal malpractice lawyer is right for you:

1. How long has the attorney been practicing law?
2. Where did the attorney attend law school?

3 . Has the attorney ever sued an attorney for legal malpractice?

How many legal malpractice lawsuits has the attorney actually tried in court?
Does the attorney work with presumed experts for these cases? If so, do you feel confident in their qualifications and expertise in the field of legal malpractice?
When will the attorney hire those experts into the case?
How much is the attorney going to charge for legal representation in the case?
How does the attorney bill for that representation?
Will the attorney represent me on a contingency fee basis?
Do you trust that the attorney will handle their case efficiently in this manner?