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Answering Your Legal Malpractice Questions

At Makarem & Associates, we help individuals and families who have suffered as a result of legal malpractice. We believe this is a crucial facet of our practice, using our legal skills to help make things right for people when lawyers fail to rise to our profession’s standards.

Being let down by a professional you trusted to protect your interests and assert your legal rights leads to many questions. We hope that by providing the answers to some of the most common legal malpractice questions, we can begin to set your mind at ease as you consider your options for holding your former representative accountable.

Does the outcome of my case have any bearing on whether there was malpractice?

Yes and no. Yes in the sense that – if you obtained the best possible outcome despite your attorney’s missteps – there would be no reason to pursue a legal malpractice claim. After all, your interests were not harmed. No in the sense that simply losing your case is not ground for a legal malpractice claim. Smart, determined, thoughtful attorneys do their best yet come up short every day. Even an attorney who follows laws and procedures to the letter and never misses a deadline can still come up on the wrong side of a jury verdict or judge’s decision.

What constitutes legal malpractice?

For something to rise to the standard of legal malpractice, the following four elements must be proven in order to demonstrate negligence on the part of your attorney:

  • The lawyer in question owed you a duty to provide competent and skillful representation, and your lawyer breached that duty by making a mistake or acting recklessly.
  • The breach of duty resulted in injury or harm that caused a financial loss.

What are common examples of legal malpractice?

Some of the most common actions that can lead to a successful legal malpractice claim are a lawyer:

  • Failing to serve the interests of a client due to a financial conflict of interest
  • Not communicating on crucial decisions, such as demanding a settlement or accepting the terms of a settlement without the client’s consent
  • Failing to file a claim or otherwise take action for a client prior to the relevant statute of limitations
  • Not keeping a client informed of actions that will affect billing (traveling to take out-of-state witness statements, hiring outside experts, etc.)

Do I have a case for malpractice?

You may not have the benefit of an expansive legal education, but your human intuition counts for something. If you feel in your gut that your attorney screwed up, it is in your best interest to seek the advice of an experienced legal malpractice attorney who can help you sort out the facts in your case and devise a strategy for making things right.

How long do I have to file a legal malpractice lawsuit?

The California statute of limitations for filing a legal malpractice lawsuit is generally one year from the date you discovered (or should have discovered) the malpractice. However, there is an absolute limit of four years from the date of the malpractice itself, regardless of when it was discovered.

You must act promptly and make certain you file your claim within these time frames. Missing the deadlines means you may lose your right to pursue legal action. A swift approach gives you and your new lawyer ample time to build a strong case.

What elements must I establish in a legal malpractice lawsuit?

To succeed in a legal malpractice lawsuit, you must prove these four elements:

  • Duty: There was an attorney-client relationship, establishing a duty of care. This relationship is crucial as it forms the basis of the attorney’s obligation to act competently.
  • Breach: The attorney breached their duty through negligence or failing to act as a reasonably competent attorney would under similar circumstances. Breaches can include errors in legal advice, missed deadlines or inadequate representation.
  • Causation: The breach of duty directly harmed you. This can involve proving you would have achieved a more favorable outcome but for the legal negligence.
  • Damages: You suffered financial loss or harm due to legal malpractice. Examples of damages include lost compensation, additional legal fees or other economic impacts directly linked to the malpractice.

A respected and trusted law firm can help you prove the required legal malpractice elements.

What is the “standard of care” in a legal malpractice lawsuit?

The “standard of care” refers to the level of skill, knowledge and care a competent attorney would provide in similar circumstances. This standard helps to ensure attorneys are held to a consistent level of professional performance, safeguarding clients’ interests.

You can establish the standard of care through expert testimony, which helps determine whether the attorney’s actions met the professional norms and expectations of the legal community. If the attorney’s conduct falls short of this standard, it may be considered negligent.

It’s Time To Make Things Right. We Can Help.

You should not be left to bear the fallout alone after your attorney lets you down. Contact us today to schedule a free, confidential consultation with an experienced attorney from our firm.