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What Is Legal Malpractice?
To prove a legal malpractice case, four elements must be shown: duty, breach of duty, causation, and damages. This generally requires demonstrating that the attorney was negligent in his or her representation, which caused the plaintiff to lose a case they otherwise would have won. Common types of legal malpractice include failure to know the law, missing deadlines, fraud, and conflicts of interest. If someone believes they have a case for legal malpractice in California, they should seek professional legal advice.
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What Is Legal Malpractice?
- 1. PRESENTED BY: What IsLegal Malpractice?
- 2. 1) Duty 2) Breachof Duty 3) Causation 4) Damages Four elements are needed to prove legal malpractice:
- 3. In most cases,it comes down to showing: 1) Your attorney was negligent. 2) You would have won the case if your lawyerhadn’t been negligent.
- 4. Negligence means he/shefailed to do what any reasonably competent lawyer in the area would do.
- 5. You can recoverthe money you would have received, had you won the original case. You can’t typically recover money for emotional distress.
- 6. 1) You deserve$250,000 in workers’ compensation benefits. 2) Your lawyer ignores the time limit. 3) You lose out on the money. 4) You file a malpractice lawsuit. 5) You recover $250,000. Example:
- 7. Common types oflegal malpractice: Failure to know the law Missing a deadline Fraud Conflict of interest Document errors
- 8. If you thinkyou may have a legal malpractice case in California, get professional advice. © 2016 Ball & Bonholtzer. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.
- 9. For more informationabout this issue, please contact our Pasadena law firm. © 2016 Ball & Bonholtzer. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.