Legal Malpractice

Have you or a loved one been defrauded by a lawyer? Or do you believe that a lawyer has mishandled your case to the extent that it would be considered Legal Malpractice?

Just like other professionals, lawyers have a standard of care or a basic standard that if they fall below could open the lawyer up to liability. Many cases are complex and the outcomes can vary depending on the difference in only a few areas. Whether it be a fact that is decided one way or another, the outcome of a case can change greatly just based upon strategies and the approach a lawyer takes to the case.

Unlike mathematics, however, the practice of law is less of an exact science and more of an art. When done well it is evident, when done poorly it can appear as an eye sore. But no two lawyers in a case would approach the case exactly the same, notwithstanding that the outcome which may or may not be the same or similar.

Meaning that there are infinite facts possible in a case and each fact will likely have different opinions as to how they should be address when the facts are positive or negative in a case. And the laws differ based upon how the facts may be decided whether it be by a jury or by a judge. So just having a lawyer decide one strategy over another does not typically arise to legal malpractice.

Also there are laws that allow for certain things to be said and done and laws that prohibit activities. Point being overall legal malpractice is not an easy claim to prove. Lawyers are given deference in how to proceed with a case. This is because a professionals opinion is given great weight and unless it can be shown, and this must be done by another professionals expert opinion, that the lawyer breached the standard of care then a legal malpractice case will not prevail.

But there are times when a lawyer’s defrauding of a client, giving advise or taking actions that is totally contrary to the law and to the best interest of the clients does arise to legal malpractice. While I firm prefers to not sue another lawyer or lawyers when Legal Malpractice appears clear we are willing to stand on behalf of the injured or defrauded person.

There are also situations wherein the lawyer has done something that indicated a clear self-interest was promoted over the interest of the client. Given lawyers have years of education, training and often great experience in particular ares of law they are allowed to charge fees that may not correlate to other fields of employment or professions. But the right lawyer making an experienced decision can save or earn an individual thousands and even millions of dollars. So when fees are charged by a lawyer, even when considered by some to be high, do not arise necessarily to malpractice or self dealing.

Yet again, a line does exists where if crossed would be held to be Legal Malpractice and in some instances could arise to what is referred to as Fraud. This count varies by the facts, but if committed would entitled a client to an action and relief from the lawyer who defrauded him/her or who breached the standard of care accepted within the profession and as dictated by law.

If you or a loved one has been the victim of Legal Malpractice, our team is willing to evaluate your claim. Feel welcome to contact us. Lawyers as a profession have a bad enough reputation in the minds of many and we are committed to serving our client with excellence and doing it while placing the client’s best interest at the forefront. So if you or a loved one has a potential Legal Malpractice claim feel welcome to contact our firm.

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