Legal Malpractice Attorney

Unfortunately, even attorneys can make mistakes
that cost their clients.
Unfortunately, even attorneys can make mistakes that cost their clients.

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    Legal Malpractice

    Legal malpractice occurs when an attorney breaches the requisite
    standard of care customary to the practice of law.
    Legal malpractice occurs when an attorney breaches the requisite standard of care customary to the practice of law.
     

    What You Need to Know

    Unfortunately, even attorneys with good intentions can sometimes make mistakes. When a lawyer fails to act with ordinary prudence and the client suffers either a lost case or is forced to settle for a much lower amount, legal malpractice may have occurred.

    Legal malpractice claims are complicated as the client may now need to prove up two cases: that the lawyer committed negligence, and that the case would have turned out much differently.

    Unfortunately, even attorneys with good intentions can sometimes make mistakes. When a lawyer fails to act with ordinary prudence and the client suffers either a lost case or is forced to settle for a much lower amount, legal malpractice may have occurred.

    Legal malpractice claims are complicated as the client may now need to prove up two cases: that the lawyer committed negligence, and that the case would have turned out much differently.

    Conflict Of Interest

    Sometimes, an attorney may represent two clients with different interests. This can occur when the attorney represents both the passenger and the driver in a car wreck and there is a question of fault. Or, when there are limited insurance proceeds for an attorney’s multiple clients. It also may occur in a business setting where an attorney represents competing interests against a contract or agreement that the attorney drafted.

    A conflict of interest may be a serious violation of an attorney’s duties and can result in a loss of attorney fees and additional damages.

    Can I Change Attorneys?

    Sometimes, the attorney client relationship itself may not be what the client deserves. In Texas, a client has the right to terminate his attorney at any time and for any reason. However, the attorney may still seek to enforce his fee agreement unless the termination was for good cause. If an attorney fails to returns calls, keep a client reasonably informed, zealously advocate, or promptly disburse client funds, good cause may exist to terminate the fee agreement also.

    If you feel that you have good cause to terminate your attorney, call us today for a free and confidential discussion of your rights.

    Understanding the Most Common Legal Malpractice Claims

    Legal malpractice cases typically have various layers to them, often because they involve a lawsuit or complex business transactions. It is up to the court and jury to discover if the lawyer in question acted negligently, but numerous things can support this effort. While not every mistake a lawyer makes can be grounds for legal practice, there are a handful of common ways lawyers can make an error and increase their chance of being sued:

    • Missed deadlines
    • Misuse of finances
    • Inadequate investigation
    • Insufficient discovery (such as failing to talk to a specific witness)
    • Lack of communication or errors during the communication process
    • Lack of knowledge
    • Failure to apply the law
    • Lack of consent
    • Fraud
    • Failure to properly follow instructions
    • Errors in strategy
    • Errors during the planning phase of a case
    • Conflict of interest
    • An attorney ignoring his or her client

    Proving Legal Malpractice

    You must be able to prove the following to pursue a legal malpractice case:

    • The lawyer owed his or her client a duty of care.
    • The lawyer breached that duty of care.
    • By breaching that duty, the lawyer directly caused damage to the client

    In summation, you have to prove that you had a legal relationship with the attorney, and this individual did not meet the legal profession’s standard duty of care.

    At The Meyerson Law Firm, we take great pride in taking a straightforward, honest approach to every client. Communication is one of the most vital factors and something you can rely on us to uphold.

    If you have any questions about filing a legal malpractice case in Texas or Colorado, or if you believe your lawyer acted negligently and your case suffered, schedule a free consultation with us.

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