The Case of Legal Malpractice

Under certain circumstances you might be able to sue your attorney for legal malpractice. It must be understood that you cannot sue your attorney merely because a case did not end with a favorable result. To be able to your attorney you have to show improper action on the part of the attorney in one of these ways:

Negligence Fraud Negligent misrepresentation Violation of fiduciary duty

If you bring a legal malpractice action against your attorney you must be able to prove that you sustained damages because of your attorney's negligence or incorrect conduct. This is a tall ask because you will have to show what could have happened had the attorney not erred in the litigation.

Would have Won

What this suggests is that you must prove convincingly that you would have won the case had the attorney not been guilty of legal malpractice. Some malpractice cases are different and revolve around a lesser settlement value being awarded because of the attorney's error.

A Variety of Reasons

Like in other malpractice cases, monetary damages could be recovered in legal malpractice litigation. Damages can be awarded for losses actually incurred, mental anguish, lost interest - pre and post-judgment, court costs incurred, and the amount of damage that might have been awarded which has been lost in the underlying litigation.

Against You

Mental anguish damages are not normally awarded in negligence-based malpractice cases but could be recovered in claims for Deceptive Trade Practices. If you can satisfactorily prove that the attorney acted with malice or was guilty of fraud, then exemplary damages might be recoverable.

Going After the Target Properly

If you feel your attorney has wronged you by being negligent or deceitful and if you are convinced you have incurred damage, then consult an experienced injury attorney to seek restitution. Filing a legal malpractice lawsuit is very different from other malpractice issues so choose an attorney who has past experience in such cases.

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