Legal malpractice occurs when an attorney fails to provide competent representation, resulting in harm to their client. This can take many forms, from simple errors to egregious breaches of duty. Understanding the basics of legal malpractice is essential for clients to protect their rights and seek redress when necessary.
What is Legal Malpractice?
At its core, legal malpractice is about the attorney’s duty of care to their client. This duty encompasses various aspects, including competence, diligence, loyalty, and confidentiality. When an attorney breaches this duty, they may be liable for legal malpractice.
How Do I Prove I’ve Been the Victim of Legal Malpractice?
To establish a legal malpractice claim, a client must prove that the attorney’s breach directly caused harm. This requires demonstrating that the attorney’s actions or omissions fell below the required standard of care. Expert testimony from another attorney is often necessary to establish this standard and breach.
Documentation plays a crucial role in proving legal malpractice. Client files, correspondence, and other documents can help establish the attorney’s actions and omissions. Additionally, the client’s testimony can provide valuable insight into the attorney’s representations, promises, and failures.
Examples of Legal Malpractice
Common examples of legal malpractice include negligence, inadequate representation, conflicts of interest, and fee disputes. Negligence can manifest in various ways, such as failing to file documents on time or making errors in legal documents. Inadequate representation can involve failing to properly investigate, prepare, or advocate for the client’s interests.
Conflicts of interest arise when an attorney represents clients with conflicting interests without proper disclosure or consent. Fee disputes can occur when an attorney engages in unethical fee practices, such as overcharging or charging for unnecessary services.
In summary, legal malpractice is a complex area of law that requires a deep understanding of the attorney-client relationship, duty of care, and breach of duty. By recognizing the signs of legal malpractice and seeking expert legal advice, clients can protect their rights and seek justice.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.