Unfortunately, lawyers don’t always get the results for their clients they hoped for. Sometimes, there is nothing more that the attorney could have done, but there are no guarantees in our legal system.
In some cases, however, the attorney either did something wrong or failed to do something he or she should have done. In those cases, the attorney may be liable for legal malpractice. If you believe your attorney may have committed legal malpractice, an attorney can advise you about your legal rights and remedies.
What is Legal Malpractice?
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client.
In order to hold an attorney liable for malpractice, you must first show that the attorney’s performance was not up to professional standards. Next, you must show that the failure to meet those standards caused you some harm: you lost your case, or the result you got was not as good as it should have been.
It is not always easy for the average person to determine if he or she has a legal malpractice claim. An attorney with experience in bringing legal malpractice claims can help you determine if you have a claim for legal malpractice.
Here are some different grounds of legal malpractice claims:
- Missed Deadlines – There are many different time limits and deadlines in the law. It can be confusing to know which deadline applies in a particular case. If a deadline is missed, even as a result of an honest mistake as to which deadline applies, your case could be dismissed forever.
- Mistakes – Mistakes in how a case is handled aren’t always evidence of malpractice. There are many different ways to approach most legal matters, and two attorneys may not agree on the proper approach. Even so, attorneys may make serious errors in judgment that no competent attorney would make. Such a mistake may be grounds for a malpractice claim.
- Conflict of Interest – An attorney is supposed to give all clients his or her undivided loyalty. In some circumstances, other clients, outside business interests, or even personal conflicts may impose demands on an attorney’s loyalty that cause you or your case to suffer. There have also been cases where two attorneys in the same firm represent parties with opposing interests.
How do you know if you have a claim?
To learn if you have a claim for legal malpractice, you should consult with a Miami legal malpractice attorney who has experience in handling this type of claim. The experienced attorneys at Bernstein & Maryanoff can advise you on all the aspects of bringing a claim for legal malpractice. Give us a call at 1 (800) 429-4529 for a free consultation of your case.
About the Author
Jack G. Bernstein, ESQ.
Jack Bernstein is a hard-working and highly motivated personal injury attorney in Miami, Florida with over three decades of experience. He is a strategist and idea person, with a genuine passion for helping his firm’s clients. If you’ve been injured, contact Jack Bernstein today for a free evaluation of your case.