Sometimes, a legal case may have an unfavourable outcome due to negligence on the part of your lawyer. In such a case, you have the right to bring legal action against the lawyer with the help of legal malpractice attorneys. But under what situations can you sue your lawyer for malpractice? what should you consider when hiring such attorneys?
The lawyer owes you a duty of care and professional conduct. If the lawyer does not handle your case well with the intention to hurt you either financially, emotionally or in any other way, they are violating your rights. If you can show that your lawyer could have performed better, then you can sue them. Please note that not all unfavourable outcomes in a court case are as a result of malpractice. In order to pursue this, you must prove that an attorney-client relationship existed through the presentation of your signed contractual agreement in which the said lawyer made a promise to offer legal counsel and representation. In the absence of a contract, you may argue that you believe that there was a relationship given that the lawyer represented you in court and other sittings.
You will also be required to prove that the lawyer acted in a way that other lawyers with similar expertise and experience who are faced with similar situations would not have. This applies in the choice of the strategy to use for the case, the precedents to be cited and the choice of personnel to work in the team. By doing this, you will be showing that the lawyer breached the duty to provide you with proper (skillful and competent) presentation.
You must also show beyond reasonable doubt that of the lawyer had not acted the way he had, you would not have suffered the damages or injuries experienced. This can be shown through the analysis of the financial losses suffered as a result of the outcome or the subsequent loss of job or business. The important thing here is to prove that the outcome of the case had a direct and great implication on your financial status. Proving that the end result of a case would have been different if your legal counsel had acted differently is an uphill task and this is where the skills of malpractice attorneys are required.
in the choice of the attorney, ensure that you choose one that has the required expertise as well as the experience to present the case on your behalf. More often than not, the choice of a law firm is better than the choice of an individual attorney given that they will require the combination of different skills to solve the case. In addition, law firms are better placed to mobilise resources as opposed to an individual lawyer. Remember that proximity to your home and the litigation area gives you more time to work in collaboration with your attorneys in order to win the case.