What is Legal Malpractice?
In order to determine whether or not you need help from a legal malpractice lawyer and when you figure out that the time is right, you then have to find a lawyer you can trust. But first, what is legal malpractice, or attorney malpractice?
Legal malpractice is comprised of two primary elements: 1) that the attorney failed to follow the law or standard of care in failing to perform some action you requested; or 2) that the attorney violated a legal duty he owed you in some way. These actions, or inactions, must have resulted in some type of damage to you.
The key points are negligence, which occurs when there is a failure of the attorney to follow the proper procedure , a violation of the duty of care and resulting damages. At this point, it is important to know exactly what legal malpractice is and whether you do have a legal malpractice claim against your current or former attorney. That way, you feel more comfortable when approaching legal counsel.
We understand how overwhelming this situation can be and we are here to help. We have over 50 years of legal representation and know and understand both sides of legal malpractice cases – we have defended cases against our own group of attorneys, but we have brought cases against a multitude of lawyers as well.
The Importance of Hiring an Attorney from Your Area
When it comes to finding the right legal malpractice lawyer, enlisting someone from your own geographic area can be beneficial. When you choose a local attorney, you gain the following:
- Familiarity with local laws: Practicing in the same area allows the lawyer an intimate understanding of local laws and how they apply to you. They are likely to have tried cases similar to yours. This means they will understand statutory and case law that may impact your situation.
- Accessibility: A local attorney is likely to be nearby and more available to speak in person with you at a moment’s notice, or to make house calls (such as if you’re recovering from surgery). You also have the comfort that your legal malpractice attorney understands you and your community. They can put your case into context, which makes it easier to explain to a jury.
- Personalized services: Because legal malpractice lawyers are few and far between, they tend to give clients more personal service. Your case matters more to them than sheer monetary boundaries, and taking on your case is a sign they care about helping you through the legal process.
Tips for Finding an Attorney for Legal Malpractice
When you’re attempting to find the right legal malpractice lawyer to help you, you’ll want to know what qualities to look for in the attorney. The application of the knowledge acquired through education, professional experience, and the individual’s career track provides a reasonable basis for assurance that the legal matter will be handled properly and carefully. These are just a few of the qualities to look for when hiring a legal malpractice lawyer:
Experience
The experience equipped an individual with the ability to assess risk and make judgments accordingly. Experience includes not simply years at the bar but areas of specialty and the practical realization that some lawyers do things better than others. Experience in litigation conveys the notion that the attorney knows how to argue cases, and experience in a particular field imparts the ability to anticipate how another lawyer, a judge, or a jury might respond to a client’s arguments.
Reputation
An attorney’s reputation provides a certain amount of built-in assurance. It is not difficult to determine who other professionals respect, as they will discuss cases and client referrals among themselves. Also, keep in mind that a lawyer who meets all the qualifications and fails to have a good reputation is likely to be the exception rather than the rule.
Specialization
Generalists should be avoided if at all possible. While there are rare exceptions, specialization indicates depth in one area, and contrary to popular belief, competent lawyers readily refer cases to counterparts practicing in a different field.
Client Testimonial
Sometimes the client testimonial may carry more weight than any other single factor. Certainly if the attribution is a written or recorded one, it will bear a great deal of weight. A spoken word by a satisfied client also counts for a great deal.
What To Do When You Have Legal Malpractice
This article on how to find the best legal malpractice lawyers near you, covers the steps to take when you have suffered from a legal malpractice problem.
- As soon as you have an inkling that your attorney has committed legal malpractice, is doing something wrong, or that your case is going off in the wrong direction, you should begin to gather your file together. You have to have an idea of the time line, as in what was done when, and what should have been done when. You need to gather together witnesses, if any, and make sure you have the name and telephone number of everyone involved. Any photographs? Zones? Postcards? Letters? Emails? Medical reports or other documentation? Work product?
- Time to look for an expert witness. That involves asking for recommendations, looking at various groups, calling the experts and finding one who will work out for you. Ask how much the expert requires, how long it will take to prepare reports/testimony, etc..
- Time to look for an attorney in your state who is willing to take it on. You can ask for friends of the court recommendations, or go to your legal malpractice lawyer site [you are here now] and look at the listings.
- Contact your expert witness and get ready to discuss your file with your new lawyer.
How to Locate Malpractice Attorneys Near You
Utilize Online Directories: Many legal websites, such as FindLaw and Avvo, have directories of legal malpractice attorneys. These directories allow you to search for attorneys based on location and practice area, making them a useful tool for finding a local practitioner who specializes in legal malpractice cases.
Seek Referrals: A trusted source is often the best way to find a reliable legal malpractice attorney in your area. Start with friends or family who are lawyers or work in the legal field— they may have personal experience with a legal malpractice case and can recommend an attorney based on their experience. If you do not know any lawyers , ask other professionals, such as financial advisors or real estate agents, who they would send a legal malpractice case to.
Read Online Reviews: Online reviews of legal malpractice attorneys can be a valuable source of information. Websites such as Yelp and Google offer client reviews that describe both the good and bad experiences clients have had with their lawyers. Pay attention to comments about final results, but also to the level of communication clients received from their lawyers and whether they were charged unexpected fees or billed for out-of-pocket expenses.
Legal Malpractice Attorneys Fees
The fees associated with hiring a legal malpractice attorney can vary greatly depending on several factors, including the attorney’s experience, the complexity of your case, and the fee structure your attorney uses. Many legal malpractice attorneys work on a contingency fee basis, meaning they will only collect a legal fee if they successfully represent you, and the fee will be a percentage of the recovery. Other legal malpractice attorneys use hourly and retainer fees similar to other types of litigation attorneys. The level of sophistication of the malpractice involved may also require up front costs (such as hiring expert witnesses) and additional charges throughout the case. Malpractice of highly trained lawyers (like tax or bankruptcy lawyers) may require out of pocket costs to determine the value of the claim.
Questions to Ask Your Legal Malpractice Lawyer
It is not a bad idea to go back to the future and listen to your mother: ask questions, do not interrupt, pay attention, practice courtesy and politeness, do not make up your mind before you hear her out, etc.
- Are you board certified?
- How many cases and how much money have you recovered for clients?
- How many cases have been rejected that you believe were valid?
- What is the percentage of cases not won?
- Do you work on contingency?
- How much will it cost me if I lose?
- Can I afford your fees?
8 . What is the range of damages?
- How long will it take for my legal malpractice suit to get resolved?
- Will my case go to trial?
- What is your track record in trial?
- What is your communication style with clients?
- How will we know what is happening in my case?
- Who will be handling my case?
- Who will I be dealing with, you or an associate?
- How do you handle clients who do not follow your instructions?
- What are the potential outcomes of my case?
- Do you have the experience to handle my case?
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