No Lawyers

News, guides and resources covering the all aspects of the justice system, legal issues and law.

Education Law

Educators are required to teach within the confines of the law as well as work within their contracts. Despite many obstacles, the public education system is making steps to bring students, their families and educators together.

Elder Law

If you are thinking about placing an elderly relative in a nursing home make sure that you know what to look for when evaluating facilities.

Legal Malpractice

The vast majority of lawyers handle all cases with a high degree of professionalism, but like any other industry there are those that only do the bare minimum. Hiring a lawyer that specializes in legal malpractice can help you to prove to a court of law that your original case was mishandled.

Recent Articles

Home · Guides · Legal Malpractice

Recent Comments

Legal Malpractice

Legal malpractice occurs when an attorney causes a client emotional, financial or psychological harm as a result of negligence, breech of contract or prejudice. When an attorney agrees to handle a client's case there are two things that both party agree to. The lawyer changes his or her client a fee based on a estimation of scope of the services to be rendered. When the client agrees to pay the fees, the attorney in turn promises to the best of his or duties in accordance with the law. If an attorney refuses to take heed to the clients requests then there is a chance that legal malpractice has occurred. Although it is the attorney's job to provide legal counsel, guidance and helpful suggestions, the client is to have the last say on all matters including settlement agreements and plea deals.

The most common type of legal malpractice includes negligence. If a lawyer does not file important legal documents before the final deadline, has a personal relationship with the opposite party that causes major conflicts of interest or generally fails to perform to the legally imposed standards, then the former client should retain a legal malpractice attorney. Because nearly everything that a lawyer does concerning a case is filed both with the local courthouses as well as the archives department, a legal malpractice lawyer has the ability to locate sound proof of gross negligence and malpractice.

An attorney doesn't necessary have to lose a case due to negligent behavior in order for it to constitute as malpractice. If a lawyer mishandles a medical practice case and settles for an amount that is substantially less than what was expected, the client can take a copy of the case to a legal malpractice lawyer to have it reviewed. Although legal malpractice is not always easy to prove it is important for victims to exercise their legal rights. If an attorney has been convicted of numerous malpractice cases he or she can be disbarred and banned from practicing any form of legal in the state. You may be required to take the stand if you choose to file suit against your former attorney. Your former attorney may have to pay you a settlement as a result of your pain, suffering, mental anguish and financial losses. Although you might not be able to get the original case overturned, a legal malpractice conviction may give you enough evidence to have an appeal granted.

13.08.2009. 06:17


Categories

RSS

Resources