Legal Malpractice Claim: Attorney Fail to Properly Apply the Law?
Did your attorney fail to properly apply the law in your malpractice claim?
When you hire a lawyer, you are likely doing so because the matter or issue is very important and you want someone with expertise and capability to handle it rather than taking care of the matter yourself. Typically, you will trust the attorney to handle everything properly. For this reason, it can be extremely frustrating and even shocking when your attorney drops the ball and ends up messing up your case. When this happens, it often costs the client a significant amount of money and creates a great deal of undue hardship; the attorney who causes this due to his or her negligence should not simply get off scot-free.
However, you should keep in mind that, depending on the facts, it can be very difficult to win a legal malpractice case against your lawyer. Often, to do so, you need a great deal of evidence. You will need to prove that your lawyer failed to use the care and skill that would have been used by other competent lawyers nder comparable conditions.
In order to win a legal malpractice claim, you will need proof on the following four things:
- Duty – the duty that was owed to you by the attorney.
- Breach – the way in which the attorney’s duty to you was breached (negligence, mistakes, failure to perform required tasks).
- Causation – the way in which the behavior of the attorney led to damages incurred by you.
Legal malpractice often involves poor communication between attorney and client and the attorney’s inadequate legal work, dishonesty, or incompetence. It can be complicated — so you will need the advise of a Florida legal malpractice lawyer who specializes in Florida legal malpractice law. Working with an attorney experienced in legal malpractice cases will increase your chances of recovery.