Protecting Against Legal Malpractice in Richmond
Our Experienced, Trusted Attorneys Can Help Right Wrongs Done to You
As tort lawyers, we deal with issues of negligence on a daily basis. We
represent individuals who have been
seriously injured, or the families of victims who were
killed as a result of someone else's negligence or wrongdoing. Our attorneys make civil claims against liable parties of all types,
including professionals who fail to meet the applicable standard of care
for their trade or profession. At the
Halperin Law Center, our practice includes claims against attorneys for legal malpractice.
If you have suffered unjust damages due to legal malpractice, be sure to
call our Richmond lawyers today for counsel.
Defining Legal Malpractice
Legal malpractice is defined as any type of negligence, breach of fiduciary
duty, or breach of contract, by an attorney that results in harm or damages
to their client. In order for the attorney's actions or failures to
rise to the level of negligence necessary for a viable claim, the plaintiff
needs to demonstrate that the attorney's actions or failures were
more than simply poor legal strategy. A plaintiff must show that the lawyer's
acts resulted from errors that no reasonable attorney would make. Their
attorney must have failed to use the ordinary care and skill that other
"reasonably prudent" lawyers would use in a similar case or
similar circumstances. The testimony of expert witnesses is generally
used to determine this.
We are ready to hear the details of your case and answer any questions
you have! Call today at (804) 220-0223.
How Do I Know if I Have a Claim?
If you had a viable legal claim and your attorney made major mistakes,
you may consider making a claim against that attorney for legal malpractice.
Although it may seem cut and dry, it can be difficult to obtain a successful
result in a legal malpractice case. The fact that you lost a case or did
not receive the result you had hoped for or had anticipated does not necessarily
mean that an attorney committed legal malpractice. An attorney who has
experience with the nuances of these cases can assist you in determining
whether or not you have a valid and viable claim against your former attorney
for legal malpractice.
Generally speaking, a potentially successful legal malpractice claim meets
Duty: the attorney in question owed you a duty to act properly;
Breach: the attorney breached that duty;
Causation: the attorney's conduct or failures caused you to suffer damages; and
Damages: you suffered financial losses as a result of the attorney's actions
Securing a Victory
In essence, in order to win a legal malpractice case, you have to prove
that the attorney made mistakes in how they handled your case, that you
would have won that case if the attorney had not made those errors, and
that if you had won that case, you would have been able to successfully
collect any settlement or award from the defendant in the original case.
Again, the fact that you lost your case, in and of itself, does not constitute
legal malpractice. Often, a client is dissatisfied with their representation
or result, yet no malpractice was committed.
Some of the issues that do not rise to the level of actionable malpractice include:
- Rude behavior by an attorney
- Feeling that your attorney's fee was too high
- Your attorney recommends a settlement that is less than what you originally
- You wish your attorney had been a bit more aggressive with opposing counsel
What Elements Constitute Legal Malpractice?
So, what does constitute legal malpractice? At what point do your attorney's
actions or failures to act rise to that "actionable malpractice"
level? Making this determination is one of the issues for which you will
need an experienced advocate.
Here are the top ten most common types of legal malpractice claims:
- Failure to know and/or apply the law
- Planning errors
- Inadequate discovery and/or investigation
- Failure to file documents
- Failing to calendar deadlines or hearings
- Failing to know deadlines
- Failing to obtain client consent
- Conflict of interest
Other actions that may be valid grounds for a legal malpractice case include
failing to file a lawsuit to preserve the statute of limitations (the
time you have to file your case, by law) in a case, disclosure of confidential
information, mishandling of client funds, failing to follow client instructions,
errors in mathematical calculations or improperly withdrawing from a case.
Navigating this Complex Process
Due to the complicated nature of the U.S. legal system, as well as the
subjective nature of malpractice cases, having an experienced and knowledgeable
legal malpractice attorney on your side is critical. If you seriously
believe that you have been a victim of legal malpractice, you should act
quickly to ensure that your case is handled properly. You should obtain
a copy of your file (you are entitled to most of it under Virginia law)
and seek another attorney if needed.
If an attorney's malpractice has already caused you financial damages,
contact the Richmond legal malpractice lawyers at the Halperin Law Center for a
free case evaluation.