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How to Win Your Legal Malpractice Suit

As a respectable professional within the legal industry, a lawyer is obligated to behave in a certain way regarding clients. Whether the client is current, or previous, the lawyer must comply with a code of ethics that has been outlined in the state where he or she practices law. This code known as the ‘model rule of ethics’ or ethical rules, is there to address the conduct of a lawyer within various legal situations.

The Fundamentals

It outlines that the professional has an obligation to behave with honesty, fairness, integrity, and fidelity when dealing with a client. The same rules also imply that a legal professional must possess the knowledge and skill that is required by members of his or her profession, and should not take any action that may damage their client in some way.

The issue of ‘legal malpractice’ emerges when an attorney that a client has hired does something that can be identified as either intentionally harmful or negligent. These actions typically result in some form of damage to that client, and in response, the client may bring a civil lawsuit against the attorney that caused the issue. In some cases, if a criminal activity was also involved, such as theft or slander, then a criminal charge may also be applied to the lawsuit.

Hire a Professional Attorney

One of the most complicated things about filing a legal malpractice suit is that it will require you to trust yet another attorney. A lot of people feel concerned about hiring another lawyer when they’ve already had a trying experience with their legal representative, but you will need a good attorney to win your lawsuit.

Next, you will need to establish that a client-attorney relationship existed between you and your previous lawyer. You need to prove that they had a duty to you as their client, so find a copy of the document or agreement that was signed when you hired the lawyer who you are suing for malpractice. You can also supply your new lawyer with any invoices, bills, or records of payment that you have from previous experience to prove the client attorney agreement.

Once you have all of the correct information, you will need to prove, with the help of your lawyer, that your previous attorney was negligent or somehow harmful in representing you. Try to demonstrate what was done by the previous attorney that failed to meet the correct standard of legal care. This can mean proving that your previous lawyer failed to meet statutes of limitations or court deadlines, as well as misusing money that was kept in a trust by the attorney for you, failing to resolve conflicts of interest, or establish the evidence in your case properly.

A Firm that is Willing to Work for You

If you believe that you could benefit from learning more about what can be done regarding legal malpractice, then you can get in touch with the experts at Makarem & Associates for further information and guidance. Either get in contact via phone at 310.312.0299, or email at info@makaremlaw.com. Ron Makarem is a Legal Malpractice Specialist by the State Bar of California.