Legal malpractice occurs when a lawyer fails to deliver competent professional services to a client. As a result of this failure, the client suffers damages. There are some basic elements for a legal malpractice suit to be valid:
- The claimant must prove that the lawyer owed him a duty to provide competent services.
- That there was a breach of duty on the part of the defendant. In other words, the lawyer failed to provide the client an acceptable standard of service
- The claimant must prove that he suffered actual damages as a result of the defendant’s inaction
- The claimant would not have suffered damages “but for” the lawyer’s inaction
There is a statute of limitations which applies to the claimant. This is the time period within which the claimant must file a suit against a defendant. A claimant bringing a lawsuit after that period of time has expired is barred from bringing it. This period varies in different states. It may be as short as a year, or as long as three years or more.
A lawyer-client relationship falls under fiduciary duty. This means that the lawyer owes the client the highest standard of care. Ther must not be any conflict of interest between the two parties. Breach of fiduciary duty occurs when there is a conflict of interest with your lawyer. This can include:
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Representing another client to your disadvantage
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Lying to you about the case
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Settling your case for less than its worth
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Inappropriate use of your money
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