How to File for Legal Malpractice
Lawsuits are routine business to attorneys, but an attorney sued for legal malpractice is shocked when it happens to him. Legal malpractice occurs when an attorney creates an error, omission or breach of his duty to the client or the justice system, the American Board of Professional Liability Attorneys website reports. The key to a legal malpractice case lies in a violation of the standards of professional conduct that constitutes negligence.
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Instructions
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Locate the rules of ethics and professional conduct for the state bar association where the alleged legal malpractice occurred. These rules are available at the American Bar Association website (abanet.org). Clients can expect attorneys to follow the law and act on their behalf with competence, and to provide accurate information for money or property handled by them. The attorney has a duty to avoid frivolous lawsuits or malicious prosecution, says the ABPLA. If there is a violation of the standards of professional conduct, it is still essential to establish negligence.
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Review the transaction to determine if negligence occurred that rises to the level of legal malpractice. A link between the violation of the standards of professional conduct and a negative result is required, as an unfavorable result is not malpractice. Some actions that constitute malpractice are missing deadlines, conflicts of interest, improper legal advice and poorly written documents.
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Establish significant damages. Since malpractice compensation is paid in monetary damages, those damages must be calculable and defined. They must be substantial, or it is not worth pursuing the claim because the cost of the suit will outweigh any return.
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Assemble the records. Include billing records and correspondence from the attorney as well as information you provided and pleadings filed in the case. Make a file for a legal malpractice attorney to review.
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Prepare a chronology and a separate summary of facts. Write the actions and activities by date so the attorney has the information at a glance. A summary of the facts should include dates, names, meetings and witnesses. Give a synopsis of the actions you believe constitute legal malpractice, and the damages or losses you have incurred as a result.
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Find a legal malpractice attorney, make an appointment and present your case. Attorneys are usually members of the local bar association and often play golf together, so find a legal malpractice attorney out of town. The ABPLA has a list of attorneys certified in malpractice. Dress as if you are going to court and bring the file, the summary and the chronology to discuss the case with an attorney who can evaluate it and decide if you have a valid case. Remember that the attorney cannot file frivolous lawsuits.
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