If something that your attorney did, or did not do during your case lead to damages for you – for instance, your case being lost when it had every possibility of being won by a different attorney, then you might be well-positioned to put forward a case of legal malpractice.
Unfortunately, it’s worth noting that these cases are often quite difficult to win because it is up to you to prove not only that you had a contract with your attorney and that your attorney breached the duty that they had to you, but also that you should have been able to achieve a different outcome using an alternative lawyer.
Preparing Your Case
To prepare for a legal malpractice case, you will need to begin by gathering as much information as possible. This means gathering any documents that are related to the case handled by that attorney, including the contract that you had signed, and any bills that were issued to you. Keep in mind that many states, including California, will regard your file as your property, and not as belonging to your attorney. This means that your legal professional is required by law to give you a copy of your case file.
Once you have your file in hand, you will need to continue gathering evidence that support your legal malpractice claim. Try to put together a list of names and contact information for anyone who might be able to come forward as a witness in support of your claims of what the attorney did, or the damages that were done to you. Also make a list of anyone else who might be able to provide information that would support your case.
Contact a Legal Malpractice Attorney
Once you feel prepared that you have at least some evidence to support your claim, you will be ready to seek out the help of a professional legal malpractice attorney. Some legal counselors may not accept these cases, but the ones that do are often highly specialized. Although it can be difficult to trust an attorney following a difficult case that led to a legal malpractice suit, you will need help to achieve the justice that you deserve.
Once you’ve found an attorney for your case, schedule a consultation with them. Often, you will be able to access a free consultation, and during that time you should bring any pertinent documents, including your case file along for them to view, so that they might be able to determine whether your case is valid.
From that point, it will be up to you to follow the advice and guidance that your legal malpractice attorney issues to you at all times. You will need to trust your malpractice lawyer to file the appropriate documents with the courts in California to begin your case, and also prepare you for testifying in a trial if the matter demands it.
A Law Firm that Cares
We know what proper legal representation is and when an negligent lawyer doesn’t uphold the integrity of the legal profession that tarnishes the image of the legal profession. Makarem & Associates can do something about it. We do not want to tolerate this type of behavior and if someone is left high and dry because of their legal counselor’s neglect, we believe they should pay to make this situation right.
For more information about the details of legal malpractice, and preparing for your own legal malpractice case, please contact Makarem & Associates for advice and guidance. You can get in touch by email at: [email protected], or by phone at:310.312.0299.