Not every attorney will handle this type claim, for obvious reasons. However, lawyers like anyone else, make mistakes.
Losing a case or failing to secure the outcome you hoped for doesn’t constitute legal malpractice.
But if by some action or inaction an attorney causes harm or the loss of the client’s case, there may be grounds for a claim of legal malpractice.
Examples of legal malpractice include:
Failure to file suit within the statute of limitations or filing in the wrong Parish.
Failure to disclose experts by the deadline established by the court or failing to hire an expert, if the case required it.
Failure to properly plead the case.
Failure to locate and pursue all available insurance providers.
Failure to pursue all available causes of action.
Failure to disclose that the attorney had a conflict of interest with the parties he was suing.
Misappropriating the client’s funds.
Settling a case without the client’s permission.
Failure to attend a trial or hearing, where the client’s rights were lost or compromised.
These are typically not simple matters of fact or record, but will require careful scrutiny, and only an experienced attorney with the knowledge and skill to pursue another lawyer can determine if you might have suffered legal malpractice.
This is not a simple process.
Findings of legal malpractice require that your attorney demonstrate two things to the court:
First, he must prove that the first attorney committed malpractice and
that this malpractice caused harm to you.
Second, he must prove the nature of the harm (the amount of money or the rights lost) due to that malpractice.
If you think that you’ve been the victim of legal malpractice:
First, talk to your current attorney. Ask for an explanation of what happened and why. There are many strategies for pursuing cases, and some can be difficult to understand.
Then, if you are not satisfied or believe a mistake has been made, you must request a complete copy of your file from that attorney, fire him, and seek new counsel.
Finally, make an appointment with Michael L. Hebert and have your case reviewed.
Remember, only an experienced attorney can assess whether you have suffered legal malpractice, and defending your rights will be a long, complicated process.
Michael L. Hebert has the legal expertise to assess the circumstances of these complicated matters and plead your case effectively to the courts.