Famous Tort Law Cases You Should Know About
Landmark lawsuits often set precedents for the way the law is enforced. Some of the most common lawsuits result from personal injury cases where one…
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I feel my criminal case was lost because of my attorney. Can I sue a criminal lawyer for malpractice?
A client of a criminal lawyer can sue the lawyer for malpractice if the client can prove that the lawyer was negligent and that he would not have been found guilty, but for (except for) the negligent actions of the lawyer. This type of lawsuit is rarely successful.
→ Read MoreDo I have a legal malpractice suit when my attorney failed to file a complaint on time?
An attorney has a duty to his clients to act with a certain standard of care. If the attorney fails in his duty to act as a reasonably competent attorney would, then he may be guilty of professional malpractice. Failing to file a complaint on time may, in certain circumstances, constitute professional malpractice. However, whether or not you are able to successfully sue your attorney will be based on a number of different factors.
→ Read MoreWhat Is Legal Malpractice?
Legal malpractice is a civil suit that you may bring when your attorney breaches his legal duty to you. In order to prevail in an attorney malpractice civil suit, the burden is on you, as the plaintiff, to prove the required elements of your case. Those required elements are set under state tort law rules in the location where you live.
→ Read MoreHow can I recover compensation for legal malpractice?
Legal malpractice occurs when an attorney provides you with unprofessional or careless representation. Attorneys have a fiduciary duty to their clients to act in their best interests and a duty to provide competent representation to their clients. If your attorney breaches the duty he or she owes to you, you may recover compensation for losses you incur as a result. This article discusses the types and approaches to legal malpractice claims.
→ Read MoreI think my attorney was incompetent and mishandled my case. Is that legal malpractice?
Discussion of factors to consider to see if attorney’s actions were malpractice and what to do about it. Legal malpractice occurs when a lawyer, either intentionally or through his or her own negligence, fails to represent a client’s interests in a way that no reasonable attorney would. This is a standard that clearly cuts in favor of the attorney. Losing a case is not legal malpractice, nor is winning a smaller amount of money than the client anticipated.
→ Read MoreWho can be liable for legal malpractice?
Legal malpractice occurs when your attorney breaches a duty that he or she owed to you under the law. Legal malpractice claims can be made when your attorney is negligent or when your attorney breaches the fiduciary duty that is owed to you.
→ Read MoreMy attorney mishandled funds that I entrusted to him. Is this legal malpractice?
Your attorney owes you a very high duty under the law, referred to as a fiduciary duty. If your lawyer in any way breaches his legal duty to you, he can be subject to professional discipline. You may also be able to file a civil suit for professional malpractice on the basis of his behavior. If your attorney mishandled funds, he has breached his legal duty to you.
→ Read MoreTypes of Attorney Malpractice
Every licensed attorney owes certain duties to their clients. When an attorney breaches these duties, he or she opens herself up to a claim for legal malpractice. An individual may bring a claim against an attorney for malpractice based on negligence, breach of contract, and breach of fiduciary duty.
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