What’s Legal Malpractice?

The term “legal malpractice” refers to an attorney’s negligence, breach of fiduciary responsibility, or breach of contract while providing legal services that harms a client.

As with any profession, lawyers are capable of making errors that harm the interests of their clients. Lawyers have an obligation to aggressively pursue their clients’ best interests. Unfortunately, as our legal malpractice attorneys in Pearland are aware of, there are times when attorneys act dishonorably and put their own interests ahead of that of their clients.legal malpractice

A personal injury litigation firm called Sanes & Larkin protects people who have been hurt because their lawyer committed legal malpractice. We are aware that a lawyer’s carelessness in handling a lawsuit can completely derail a client’s case and incur high financial and psychological expenses. The Pearland-based legal malpractice attorneys at Sanes & Larkin are familiar with the challenges of demonstrating legal malpractice and have the necessary legal knowledge to evaluate the strength of your claim.

You may be able to sue your former attorney for legal malpractice if you think they handled your case improperly. Legal malpractice, however, is incredibly challenging to demonstrate. You should speak with an experienced attorney to discuss your legal rights and to examine your legal malpractice claim if you think your lawyer made serious mistakes that led to you losing your case.

Identifying Legal Malpractice

First of all, it’s crucial to realize that a case loss does not necessarily indicate that your lawyer made a mistake in the law. Legal malpractice is when a lawyer manages a matter carelessly. In order to establish negligence, the plaintiff must show that either a mistake was made or the issue was handled in accordance with an earlier agreement. The plaintiff must also demonstrate that he lost his lawsuit and suffered financial injury as a result of the lawyer’s failure to uphold the contract.

You may be able to sue your former attorney for legal malpractice if you think they handled your case improperly. Legal malpractice, however, is incredibly challenging to demonstrate. You should speak with an experienced attorney to discuss your legal rights and to examine your legal malpractice claim if you think your lawyer made serious mistakes that led to you losing your case.

Proving Legal Mistakes

First of all, it’s crucial to realize that a case loss does not necessarily indicate that your lawyer made a mistake in the law. Legal malpractice is when a lawyer manages a matter carelessly. In order to establish negligence, the plaintiff must show that either a mistake was made or the issue was handled in accordance with an earlier agreement. The plaintiff must also demonstrate that he lost his lawsuit and suffered financial injury as a result of the lawyer’s failure to uphold the contract.

The plaintiff must demonstrate that his attorney’s carelessness prevented him from winning his initial lawsuit in order to establish causation and injury. In other words, even if your lawyer handled your case improperly, he or she cannot be held accountable for your harm if the court determines that your case was not a “winner.”

A successful legal malpractice claim essentially requires the proof of two cases: first, the plaintiff must show that his previous counsel committed legal misconduct, and second, the plaintiff must show that the underlying case was successful. It is very challenging to establish legal malpractice with this “case inside a case method.”

Even so, you should consult a lawyer who can review the relevant facts of your first case and defend your legal rights if you believe that your lawyer handled your case improperly.

There are several types of legal misconduct. Examples comprise:

  • Lawyer’s failure to submit a claim in a timely manner or satisfy the deadline
  • a case being dismissed by the court as a result of the attorney’s behavior or inaction
  • settlement of a matter by a lawyer without the client’s consent
  • Attorney misusing client funds or fees
  • Attorney giving opposition lawyers access to private material that was later utilized against the client in negotiations or litigation

To explore your legal malpractice claims, contact our Pearland, Texas, attorneys right away.

Contact us today regarding your injury and schedule your free consultation with an experienced attorney.