A person involved in a legal matter poses his trust and confidence in a qualified attorney and expects him to handle the issue in the best manner possible. The attorney is duty bound to keep the client’s best interests in mind while resolving the matter on hand.
However, what if the attorney itself fails to handle the case appropriately? This kind of complication is definitely not what the plaintiff ever anticipated! They can then sue the lawyer himself for malpractice….
This is where a legal malpractice attorney in Los Angeles, California enters the picture.
Indeed, when a lawyer fails in the fiduciary duty to provide competent representation, he is liable to compensate the client for the losses arising from the negligent or unprofessional behavior.
Proving Legal Malpractice
Actually proving such a breach of duty is another matter altogether. There are specific legal requirements for a legal malpractice claim to be considered valid – it should be proved beyond doubt that the attorney owed a duty of care and the breach of which directly caused an injury or damage that resulted in a financial loss.
Apart from confirming these four requisite elements, you also need to show a clear causation. This means that you have to prove that you would have won the case had the attorney abided by the standards of care and worked in a responsible manner.
Another case in point is that the attorney-at-fault will be defending his own case and is likely to use wily tactics to attest that he did not commit a breach of duty. For instance, he can easily prove that just because he is friendly with the opposing lawyer or because he did not return all your phone calls, it cannot be classified as a conflict of interest or act of neglect respectively.
Therefore, the best approach is to contact another law firm and get a second opinion on whether the attorney is doing a professional job or not. In case the behavior is deemed as a breach of duty, you would do better to consult a proficient legal malpractice attorney in Los Angeles, California. These are specialized attorneys who will carefully determine the validity of your case before evaluating whether the requisites can be clearly proved or not.
The attorney will file a legal malpractice claim against the attorney that committed the fault and initiate the litigation process. They will collect all the required documents, compile evidence and also assemble witnesses who can attest your interactions with the said attorney.
You should be candid with your attorney and disclose all pertinent information. Concealing any facts can lead to problems later on. You should also follow their advice at all times as the proceedings can get quite complicated.
The attorney will try to reach a settlement with the other attorney or take the case to trial to get the best verdict possible.