What Is Legal Malpractice ?
Legal malpractice happens when an attorney acts in an incompetent and negligent fashion while providing legal representation or advice. These actions may cost the client a case and thus be detrimental to him or her. The lawyer then becomes liable for damages.
To have a solid case, the client should have the evidence to prove the following:
- The attorney-client relationship.
- Negligence on the part of the lawyer in the advice given to client or in representing the client.
- That negligence has been the cause of harm for the client
- The degree and nature of the claimed injury.
The claimant must have enough evidence to establish that there was a relationship between the attorney and the client. In the absence of this, the lawyer does not have a duty towards his/her client, and thus, no case. Next, the client should establish that the attorney has violated the care standard that was predetermined. The client must show how this violation has been done. The client must then prove that he or she suffered injury because of the attorney’s misconduct and negligence.
If there is no sufficient evidence or the injury experienced is provisional, it might not be enough to support the legal malpractice claim.
Finally the client must establish that the damages caused were actually the consequence of malpractice and should have documents to show the extent and nature of the damages. Although every other aspect of the case is ascertained, if the client cannot show the specific damages, which were the consequences of malpractice, the attorney is entitled to be acquitted of all charges and the case would be dismissed.
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