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Managing the Stress of a Legal Malpractice Claim

On Behalf of | Aug 29, 2015 | Articles, Legal Malpractice

The chances are that when you use your hard-earned money to hire a lawyer, you will do so in good faith, with the expectation that your case will be treated with the utmost respect and care.

Unfortunately, some people find that they access what they assumed to be professional legal representation, only to be neglected, ill-treated, or misrepresented by their chosen attorney. If you become a victim of legal malpractice, your life could be impacted in a number of different ways, resulting in an adverse impact on your life.

Going Down Hill

Unfortunately, professional liability claims and stress are things that typically go hand in hand. First of all, if you have struggled as a result of a negligent and unprofessional attorney, then you will find that you are in hotter water with your legal case than you were initially.

Perhaps you ended up with a conviction that you never should have gotten, or your claim wasn’t considered with the seriousness the situation warranted. On top of this, in order to rectify the situation, you will be forced to return to court, taking you back to the scene of your troubling experience, with a brand new lawyer who still has yet to win your trust.

Spotting Legal Malpractice

A primary sources of stress involved with legal malpractice involves being able to determine whether or not you have a valid case to present in front of the court. This can be somewhat difficult, as the results of a medical malpractice case may be self-evident, most people become confused when dealing with issues of legal malpractice.

After all, if you don’t have an acute deal of experience within the legal field, it can be difficult to recognize what could be defined as negligence or a breach of duty. The most common areas of legal malpractice include:

  • Breach of Contract – This takes place when the attorney in question fails to perform appropriately within the terms of the contract without providing a legitimate legal excuse for their actions. If an appropriate legal excuse is available, then this can legitimize the breach of contract.
  • Breach of fiduciary duty – The fiduciary duty of a lawyer refers to their responsibility to act according to the interests of another person. As a fiduciary party, your lawyer should not benefit from the relationship they hold with you unless they have consent, and they must actively work to avoid any potential conflicts of interest.
  • Negligence – Lawyers, like any other professional, can be negligent in a number of different ways. For example, a negligent attorney may fail to conduct the legal threshold of discovery properly, or respond to requests in a timely manner. The attorney may also fail to prove the authority of the case through the use of reasonable witnesses, presenting cases on time, or missing statutes of limitation.

A Fantastic Law Firm that Obtains Results

If you feel that you may have been the victim of legal malpractice, seek help from sympathetic and professional experts such as Makarem & Associates by telephone at 310.312.0299, or email at [email protected]. Ron Makarem is a certified Legal Malpractice Specialist by the California State Bar.