In every profession people make mistakes. Lawyers make them too, because in a profession as complex and comprehensive as the law, mistakes are inevitable. Correction is possible in most cases and is not too costly if done in a timely manner. But sometimes an error can be so serious and devastating that it damages or fully destroys the client’s case. From that moment the error becomes a malpractice case. Overcharging, ethical problems and legal malpractice are not confined to “bad lawyers," but rather lawyers in well-respected, large companies can also commit malpractice, overcharge and have ethical issues. Large firms have more attorneys employed and have less control over employees within the company’s infrastructure. Paralegals and associates are often allowed to take too much participation in serious cases that need the experience of a professional lawyer.
The word “malpractice” is applicable to any profession, within which a professional has caused harm. The term “negligence” is also used for this type of case. More specifically, it happens when an attorney has handled the case so badly and so poorly represented the client that the lawyer’s conduct has fallen beneath the standard of practice of other lawyers in the area handling similar cases.
In order to prove the lawyer is liable for the malpractice and damage in your case, you would need to prove one of the three major theories of liability: negligence (literally malpractice, missing an important statute that could play a major role in the client’s case), breach of fiduciary duty (fiduciary duty is a duty when a client entrusts something to the renderer of the services, such as money given to the broker as an investment), breach of contract (an interruption of contract for various reasons).
Malpractice can occur in many various ways and it covers every area of law – from acquisitions to zoning. Often times the nature of malpractice is clear. Here is a basic example: an attorney misses a critical statute of limitations and the client’s case is lost permanently. In practice it is more complex, as the misconduct is more subtle and nearly always requires expert legal witness to establish the fact of a legal malpractice. One way or another, clear or complicated, when this professional misconduct has induced or caused damage to a client’s case two things become necessary: prove the lawyer’s misconduct and prove what the outcome of the case would have been in the absence of the lawyer’s negligence. This is commonly called a “case within the case” factor. Often times, the requirement is the trial for the underlying case in the trial of the legal malpractice case. This is the top reason why legal malpractice cases are so difficult and expensive to handle.
Hans has successfully handled a number of legal malpractice cases for his clients, some involving claims where the malpractice occurred 15 years ago
Description: The law firm of Andrew Lavoott Bluestone represents litigants in Attorney Malpractice, Professional Malpractice and Civil Litigation.
Established in 1989, this office has represented clients in the 12 downstate counties.
Appearing in all Courts in New York.
This office handles attorney malpractice cases. Please browse our website and call with your questions.
Description: California Business Brokers – Quantum Business Solutions Network (QBSNet).
Description: Mr. Huguenor's law firm is located in San Diego California and provides a full range of family law.
Description: Johnston & Tobey is a highly regarded firm in Dallas, Texas that concentrates in legal, accounting, and other types of professional malpractice.
The Poppe Law Firm
8700 Westport Road
Louisville, Kentucky 40242
Phone: (502) 895-3400
Fax: (502) 895-3420
Toll Free: 1-855-864-8949