Proving A Legal Malpractice Case
Legal matters can be of the utmost importance to the well-being of individuals, families and businesses. An attorney has a legal and moral duty to perform according to accepted standards in the legal profession. At Engel Law Group P.C., we have represented clients effectively and ethically since 1950. This includes holding our colleagues to the same standards by which we hold ourselves.
A Bad Result Is Not Malpractice
It is important to note that you do not have a claim for legal malpractice simply because your legal matter was not resolved in a way that is favorable to you. It is called the practice of law because no outcome is guaranteed, and even the best lawyer may not be able to get you the result you feel you deserve.
However, you do have the right to competent legal representation. If an attorney is negligent in his or her representation of you, you may be able to recover the money you lost because of that attorney’s negligence.
What Is Legal Malpractice?
In a legal malpractice case, there are two elements you must prove to be successful. Namely, that:
- Your previous lawyer violated his or her professional obligations, meaning he or she did not live up to the expected standard of care; and
- You would have been successful in the underlying case
Put simply, you must be able to show that not only was your attorney negligent, but that negligence cost you a successful result. This standard can make legal malpractice cases complex.
However, some mistakes can be shown to have caused you harm. For example, if your previous attorney missed deadlines, failed to enter into any communication with you, or accepted a settlement without your consent, you may have a good case for legal malpractice. Misappropriation of funds, fraud and case mismanagement are also good indicators of legal malpractice.
In any legal matter, practical experience plays a vital role in outstanding representation. Our lawyers each have over 30 years of experience representing clients in a variety of legal matters, including representing clients in lawsuits against their former attorneys.
To discuss whether you may have legal options against a former attorney, call us at our Baltimore, Maryland, office at 410-449-2928, or toll free at 877-463-0488. We provide free initial consultations.