Legal Malpractice

 Legal malpractice is the failure of a lawyer to perform competent professional service for a client.  When performing work for clients, attorneys must use the care expected of the “average” attorney in the same or similar situation.  If that attorney claims to be an expert in an area of law, the care required is that of an “ordinary expert” in the field.  If an attorney does not perform work with the appropriate level of care, and the client is damaged because of that failure, that attorney may be liable for legal malpractice.  Claims of legal malpractice against an attorney are a very serious matter.  Just the fact that you lost a case is not evidence of legal malpractice.  There are times when ethical and successful attorneys lose cases despite all their effort and dedication.  However, if your case was lost or compromised because your lawyer was negligent or unethical, or because of a conflict of interest or breach of fiduciary duty, you may have a legal malpractice claim.  Fee or settlement payment disputes may also be the basis for a claim.

Legal malpractice is not confined to “bad lawyers” or small firms; even good lawyers at large, well-respected firms can commit malpractice.  Sometimes the nature of the malpractice is clear, like when an attorney misses a critical deadline and a client’s case is lost forever.  More often, though, the problem is a subtle one, requiring expert witnesses to establish the malpractice.  We are committed to providing a thorough and realistic assessment of your potential claim, and helping to guide you through the sometimes complicated process of pursuing a legal malpractice action.

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