No one is perfect, and attorneys are certainly no exception. However, when an attorney makes a mistake that leads to negative consequences for their client, they may be liable for legal malpractice. It means you can file a claim and get the compensation you deserve. But if you’re a veteran, you can read more about it in a post titled “A Roadmap to Completing Your VA Claim.”
However, not every single mistake an attorney makes is considered legal malpractice. So, when exactly does a mistake become legal malpractice? In this post, you’re going to learn the signs that an attorney’s mistake has become legal malpractice. We will also provide tips on protecting yourself if you believe your lawyer made a mistake that harmed your case.
The Attorney Was Proved to Be Negligent
The first and most important sign that an attorney’s mistake has become legal malpractice is negligence. For an attorney to be found negligent, it must be proved that they breached their duty of care to you as their client. Proving negligence can be tricky, which is why it’s crucial to have an experienced legal malpractice attorney on your side.
The Attorney Committed Fraud
Another sign that an attorney’s mistake may have crossed the line into legal malpractice is if they committed fraud. This can happen in a number of ways. Still, some common examples include lying to you about the status of your case, hiding information from you that could have affected your decision-making, or billing you for work that was never done. If you suspect your attorney has committed fraud, speak to a legal malpractice attorney immediately.
Your Attorney Violated Their Duty of Loyalty
Attorneys are required to uphold a duty of loyalty to their clients. This means they must always have your best interests in mind, and they cannot put their interests above yours. Unfortunately, there are times when attorneys violate this duty of loyalty. For example, if your attorney recommends that you settle your case for a significantly lower amount than what you could have gotten if you had gone to trial, they may have violated their duty of loyalty. If you believe your attorney has violated their duty of loyalty, you should speak to a legal malpractice attorney as soon as possible.
The Mistake Has Caused Significant Damage
The breach of duty must have been the direct cause of your damages. But the damages must also be significant. If the attorney’s mistake was not the direct cause of your damages, or if your damages are not significant, you will not be able to recover anything in a legal malpractice claim. So be sure you have valid evidence showing you’ve been significantly damaged by the legal malpractice.
Now that you’ve learned that when an attorney’s mistake becomes legal malpractice, you may wonder how to file a claim and win the compensation you deserve. First off, contact a legal malpractice attorney. They will be able to review your case and determine if you have a claim. If you have a claim, they will help you file the appropriate paperwork and represent you throughout the process.
