Legal Malpractice Attorneys

Losing a case or making a mistake is not enough to establish legal malpractice. Both can be frustrating, but may not constitute malpractice.

The American Bar Association outlines three elements that help determine whether an attorney has committed legal malpractice:

• Negligence on the part of the lawyer: Did the attorney’s actions align with the community standard of care? If the mistake your case focuses on is solely recognizable through the lens of hindsight, then you most likely do not have a case. You must prove that an attorney was truly negligent and did not act to the best of their legal ability.
• The negligence had a negative outcome: A mistake can be made and fly under the radar, bringing zero negative consequences to you and your case. The negligence must have affected a case’s trajectory to be considered legal malpractice.
• The damages were significant: If the mistake had a negative outcome, but it was minimal, you are not likely to win a malpractice suit. For instance, if an attorney missed a filing deadline, but the case was extended, or if the case would likely have reached the same result despite the lawyer’s actions, it is doubtful a claim of legal malpractice would be granted.

There are other negligent or harmful actions that could warrant a legal malpractice lawsuit. If the mistake committed by your attorney is not listed but was significant enough to have a tangible effect on your case, it is advisable to consult a legal malpractice attorney immediately.

When to Consider Legal Action?

Deciding to take legal action against a former attorney is a significant step. It's essential to consult with a legal malpractice attorney to determine if you have a viable case. They can help assess whether the previous lawyer's actions fell below the accepted standard of care and if these actions caused measurable harm.

Breach of Contract by Attorneys

Breach of contract in legal malpractice occurs when an attorney fails to fulfill their obligations as outlined in a contract with their client. This could be failing to provide specific services promised or not adhering to agreed-upon timelines. Such breaches can lead to significant financial and emotional harm to the client.

Conflict of Interest Issues

Conflicts of interest arise when a lawyer's responsibilities to one client are compromised by their relationship with another client or their own interests. This can happen in various scenarios, such as representing two clients with opposing interests or having a personal stake in the outcome of a case.

Negligence in Case Handling

Negligence is one of the most common grounds for legal malpractice claims. It involves a lawyer failing to exercise the care and skill that a reasonably competent attorney would under similar circumstances. Examples include inadequate preparation, failing to file necessary documents, or missing crucial deadlines.

Misrepresentation and Fraud

When a lawyer deliberately deceives a client, it constitutes fraud. This can include providing false information, failing to disclose important facts, or making misleading statements. Such actions can have severe consequences, including financial loss or a negative impact on a case's outcome.

Inadequate Legal Advice

Providing poor legal advice can also be grounds for a malpractice claim. Lawyers are expected to give competent advice based on a thorough understanding of the law. If an attorney gives incorrect or misleading advice, leading to a poor decision or outcome for the client, they may be held liable.

Evidence can be hard to uncover in a legal malpractice case. In addition, legal malpractice cases essentially entangle two cases together— a botched primary case and a secondary case addressing the mishandling of the first. The legal team for the second case will need to be skilled in legal malpractice, as well as in the primary case’s practice area.

Grossman Roth Yaffa Cohen’s legal team is home to attorneys experienced in a wide variety of legal practice areas, including appellate law, birth injuries, medical malpractice, personal injury, and premises liability, among others.