If you have suffered losses as a result of the inappropriate behavior or negligence of a legal professional, then you may find that filing a malpractice claim is the best possible course of action. If your lawyer has neglected to answer your letters and calls, presented you with a bill that is unreasonably large, or refused to do what you have asked them to, then you may well have a legitimate complaint to make.
However, it is highly recommended that you seek advice from a professional legal malpractice lawyer before you jump straight in with a lawsuit. Ron Makarem of Makarem & Associates is a certified Legal Malpractice attorney by the State Bar of California with a proven track record of success in the field of Legal Malpractice.
Making that Strategic Decision
Often times, when you are suffering from financial loss or trauma due to the consequences of legal malpractice, you may be in an emotionally vulnerable state. It is tempting to believe, during this state, that you automatically have a case that deserves to win. However, this is not always correct, there are many circumstances that can render a practitioner free of liability. Luckily, a gifted and proven attorney will know whether you have a viable case or not, and can give you guidance as to whether you should file for legal malpractice based on your experience with prior counsel.
Understanding Malpractice Cases
The first thing to understand about a legal malpractice case, is that it will often be very complex and technical. Although the term ‘malpractice’ can be legally defined as an instance in which a professional individual fails to meet the correct standard of conduct recognized by the profession, what constitutes a winning case can be complicated.
The four most common areas of legal malpractice consist of, negligence within the professional relationship, disputes over fees, negligent errors on the behalf of the lawyer, and claims that are filed by a non-client or adversary against a lawyer. A lawyer has the duty to deal with a client using good faith, honesty, integrity and fidelity.
Information will be Sat On
Once a client and a lawyer terminate their legal relationship, the lawyer is not permitted to acquire an interest that will somehow damage that client, in the event that this constitutes a breach of the attorney-client privilege. Furthermore, that lawyer cannot use any information he or she has gained from the client during their time together to gain anything. For example, a lawyer may be eligible for a malpractice lawsuit if he or she was to advise their client to sell a piece of property in order to avoid losing it in a divorce settlement, simply so that he or she could purchase that same property at a reduced market value.
Errors of negligence are often the most common cases to be associated with legal malpractice, and these are based on the idea that an attorney has committed an error that lead to inadequate results which might have been avoided by a better lawyer. However, proving that a case could have been won by a different lawyer is often difficult, and this is where clients need the assistance from a legal professional to help them present their case correctly against fierce opposition.
Targeting Your Former Attorney
Legal malpractice cases are typically high-stakes processes, which can involve large amounts of money, significant degrees of stress, and notable periods of time. Clients need to know how to present their case successfully so that no mistakes are made which could possibly ruin the outcome.
Winning a legal malpractice claim can be a difficult and frustrating time, especially since the individual in question will have to utilize a lawyer after recently being disappointed by someone from the same profession.
However, the right representation means everything in a malpractice case, and a knowledgeable lawyer is the only way you will be able to achieve success and justice. Contact the legal warriors at Makarem & Associates for further information and guidance:310.312.0299, or email [email protected].