Legal malpractice happens when a lawyer hired by a client does something negligent or intentionally take harmful that causes injury to the client. The client may bring a civil attorney against their attorney, and if any criminal activity was involved like theft then criminal charges may also apply. Moreover, the client can also report the attorney to the state licensing and discipline board. Case of legal malpractices is somewhat difficult to win, unless there is an obvious fraud or negligence.
Here are some tips that will help you prove and win the malpractice case.
- Hire a legal malpractice attorney: You will need a good attorney in order to win a legal malpractice case. Find a lawyer who will not charge you a retainer. Most personal injury lawyers work on a contingency basis, which means that they will not charge you unless you win the case.
- Proving that the attorney was negligent in representing you: You will be required to prove that the legal standards of care were not met. Demonstrate what your lawyer did not or did to meet the standard of care, which includes the failure to meet the court deadlines, misuse of money, failure to resolve the conflicts and improper withdrawal of the representation.
- Demonstrating how negligence harmed you: You must be able to prove how your attorney’s actions injured you. For proving attorney’s negligence, link your prison sentence or any other prosecution. For instance, if you were on trial for murder and your attorney failed to object to the murder weapon introduced in evidence when he/she had grounds to, you can demonstrate that you were found guilty because of legal malpractice.
Moreover, you can prove financial loss due to your lawyer’s negligence. For instance, you can provide judgments or monetary/property records you suffered loss due to legal malpractice.
- Be specific when establishing the extent of injury that was caused: You need to point to the extent of injury, be specific. You will be required to present the amount of time, money or property that you have lost and also you need to prove that the injury would not have occurred if your lawyer would not have acted negligently.
If you have trouble finding the lawyer, ask your friends and relatives who have had been though such cases. Make sure that you file your legal proceedings within the statue of limitations which vary by state.