Follow us!

    Legal Malpractice - Online Lawyer Source

    Posted by Legal Malpractice on 5/02/06

    Legal malpractice is defined as any negligent or wrongful
    act committed by an attorney that causes damages to his or
    her client. Legal malpractice can occur in any area of the
    law including medical malpractice law. Twenty five percent
    of legal malpractice cases occur in personal injury cases.
    A legal malpractice lawsuit is brought against a negligent
    lawyer by the victim (the client) to receive compensation
    for the damages caused by the legal malpractice.
    Approximately 35,000 people are the victims of legal
    malpractice every year.

    There are many situations in a legal case where legal
    malpractice harms a client. The following circumstances
    may be cases of legal malpractice: a case is dismissed
    because the lawyer failed to properly pursue the case; the
    attorney failed to secure witnesses and experts for the
    case; s/he failed to act before a statute of limitations
    or calendar deadline; s/he forced settlement in a case for
    any reason that unjustly harmed the client; and any other
    failures or errors that result in client damages.

    In a legal malpractice case, there are three things that
    must be proved in the lawsuit in order to receive
    compensation for injuries sustained. First, the lawyer-
    client relationship has to be established. Most often a
    fiduciary relationship exists between the lawyer and the
    client requiring the lawyer to provide a minimum standard
    of service. Second, the damages that a victim has suffered
    as a result of legal malpractice must be presented and
    proven. Lastly, these damages must be the proven result of
    legal malpractice.

    Malpractice insurance can greatly affect the outcome of a
    legal malpractice lawsuit. As a general rule, legal
    professionals are not required to obtain legal malpractice
    insurance. Statistics show that approximately sixty
    percent of attorneys have legal malpractice insurance. Of
    these lawyers who do have insurance, some may not cover
    some forms of legal malpractice such as fraud theft or
    willful injury. If a lawyer does not have legal
    malpractice insurance, it is possible that the victim will
    have no legal recourse. In any case, a professional lawyer
    should be consulted who can advise you of your legal
    rights and options in a legal malpractice case.

    If there is legal malpractice insurance, the insurance
    company will most likely be the one to negotiate
    compensation for injured victims. When a legal malpractice
    case is filed, the insurance company will designate a law
    firm to represent the defendant in the lawsuit and the
    insurance company will allocate money should the case be
    judged in favor of the victim.

    It is important in legal malpractice cases to be
    represented by qualified, experienced and honest attorneys
    who can help build a strong case and receive reasonable
    compensation for the victim. For more information on legal
    malpractice, please contact us to confer with an attorney.

    Legal Malpractice

  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.