When a person has been harmed, abused or wronged – be it physically, financially or ethically – they have the right to sue the person in the court of law. But what if the legal counsel representing their interests itself ends up mistreating the case?
Such experiences are quite traumatizing and can leave you in great turmoil. But the law is on your side and provides recourse for damages suffered by clients on account of their attorneys. As it is likely that the guilty attorney will use devious tricks to validate himself, you should hire another legal malpractice attorney in Los Angeles, California to get both an appropriate compensation and closure for the wrongdoing.
What is legal malpractice?
A case of legal malpractice arises when an attorney breaches his legal duty. However, any and every action that a client doesn’t like does not necessarily amount to a transgression.
Following is a look at the likely instances of legal malpractice:
- The attorney commits an administrative error – like missing the statute of limitations, filing date or court hearing, misplacing important files, documents or evidence, etc.
- Lack of proper communication from the attorney’s end – like failing to return client’s phone calls or reply to messages, failing to follow client instructions, failing to obtain client consent, failing to provide updates for a long period, etc.
- The attorney does not know or apply the law properly, does not defend the client properly or even settles the case without client authorization.
- Neglecting the case for an extending period or overlooking crucial aspects of the case.
- Misusing the retainer money paid by the client or misusing the client’s trust account.
- There is a conflict of interest – the attorney represents another party with adverse interests or reveals inside information to the opposing attorney.
- The attorney charges unreasonable fees or bills the client for services that were never rendered.
- Any other intentional wrong like fraud, theft, libel, slander or even violation of client rights.
However, it should be kept in mind that if an attorney happens to lose a case or gets a lower settlement/verdict than the client expected, it is not deemed as legal malpractice.
For a legal malpractice case to be considered valid, it is important to prove that an attorney-client relationship existed in the first place. There should also be a breach of duty, like the attorney being negligent, intending to harm the client or just failing to provide competent and skilled representation. It is essential that the wrongful act should be linked to a loss or injury to the client which can be quantified in financial terms.
Given the underlying complications, it is essential to bring in an external legal malpractice attorney in Los Angeles, California who can skillfully prosecute the other attorney and win the right disciplinary action.
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