Can you sue your attorney for screwing up your case? Yes, and if you have the proof to back up your claim and it makes logical, you can win the case. Like the medical malpractice lawsuits people make every day in New Jersey, the claim you might make is known as legal malpractice. Hire a lawyer to learn more about how to sue your previous attorney for screwing up your case.
Steps to take if your attorney screws up your case
Apply the concept of medical misconduct to legal malpractice, and you should be able to understand what it means. Like doctors, lawyers have an additional duty of care to their clients because of their specialized training. There might be catastrophic results if this professional level of care is not achieved.
One could die as an outcome of a medical error, for example. A mistake in the law might end in imprisonment or the loss of a sizable, much-needed personal injury judgment. The client who suffered harm in this situation is entitled to full reimbursement. The opposing parties may agree to a settlement through negotiations, or the court might grant this compensation.
Know which acts are considered legal malpractice.
It is nearly impossible to list each claim that could constitute legal malpractice. However, a partial list is given below:
- Neglecting a formal deadline. Your personal injury claim will expire instantly if your attorney fails to file a lawsuit prior to the statute of limitations deadline.
- Misuse of your funds. This is a significant legal fraud that might result in jail time or maybe disbarment. You might also receive compensation as a result.
- Inadequate investigation performed on your claim. This phrase’s keyword is “inadequate,” which is where the disagreement will be established.
- Communication errors. If your attorney fails to provide you with current and precise details about your choices, you may end up making a terrible decision.
What acts do not count as legal malpractice?
Can an attorney be sued for failing to carry out his or her responsibilities? It depends. Since they are human, lawyers are not required to be perfect. Lawyers are permitted to make minor errors without being made accountable for malpractice. The following are a few cases of actions that may not qualify as legal malpractice:
- Arrogant, rude, or unprofessional behavior, regardless of how unpleasant,
- Failing to answer a call or email right away.
- Failing to provide you with regular information on how your claim is developing.
- Not getting ready enough for a trial or hearing.
So, what do you need to prove to win a legal malpractice case?
Most accusations of legal misconduct originate from negligence. One type of legal malpractice that is not based on negligence is intentional deception. An example of legal malpractice based on ignorance is forgetting an important deadline. In order to succeed in a lawsuit for legal malpractice based on negligence, you have to show the following:
- At the time of the offense you are complaining about, you and the defendant had an attorney-client relationship. This element will probably be verified by an official retainer agreement. A duty of care arises in your favor as a result of this relationship.
- The defendant’s thoughtless act or omission indicated a breach of their duty of care to you.
- You were injured. You are likely to have to provide proof regarding your case’s loss in trial.
- You suffered damage due to the defendant’s negligence. You may have to show that you would have won in court if the defendant had not acted unlawfully in order to prove causation.
The Deadline for the Statute of Limitations
You can bring a case up to two years after the carelessness of your attorney. You have two years from the time you knew or would have known about the malpractice if you were unaware of it when it occurred. Use caution, as this standard may, at times, be more challenging to apply than it first appears.
