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Can I Sue My Lawyer for Malpractice?

By Robert Kahn on November 20, 2014 - Comments off

When you hire an attorney, it usually means you’ve been put in a situation whose outcome may significantly affect your future. You place a lot of trust in your attorney, thinking they will do their best to pull you out of your predicament, whether it has to do with the preservation of your rights or your finances, or some other important legal issue.

Unfortunately, not every attorney practices with integrity. Some even make matters worse for their clients and still expect to be paid. If this scenario applies to you, then you should know that you have the right to sue your former attorney for malpractice. However, establishing a successful legal malpractice case is easier said than done.

Proving Legal Malpractice

A lost case alone isn’t grounds for a legal malpractice case. In order to win a malpractice case against a lawyer, you must be able to prove that the lawyer failed to exercise ordinary skill and care in handling your case. In other words, the lawyer must have neglected their most fundamental duties to the point of being egregious. Furthermore, you must be able to prove that the lawyer’s failure to uphold their duty directly led to the case’s failure and that you would’ve won if the lawyer didn’t mishandle the case so badly.

Top 5 Most Common Types of Legal Malpractice Claims

According to studies prepared by the American Bar Association (ABA) Standing Committee on Lawyers’ Professional Liability, the top five most common types of legal malpractice claims in the United States are as follows:

  1. Failure to know and/or apply appropriate legal principles
  2. Failure to make correct decisions in spite of knowing the involved facts and law
  3. Inadequate discovery of facts or inadequate investigation
  4. Failure to file documents where no deadline is involved
  5. Failure to maintain a proper calendar of important deadlines and events

There are many other types of attorney errors that can form the foundation of a viable legal malpractice case. Consult with a trusted attorney to learn more.

Why Kahn Roven Is Right for You

The passionate attorneys at the Los Angeles law firm of Kahn Roven do not tolerate wrongful behavior from their peers in the legal field. We are committed to helping victims of legal malpractice bring justice against their former advocates. To get in touch with one of our excellent legal staff, call (213) 738-0708 today.

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Posted in: Legal Malpractice

 

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