How to Know If You Can Sue a Lawyer for Legal Malpractice

The result of a court case has little or no bearing on a legal malpractice claim. Good lawyers sometimes lose cases and bad lawyers sometimes get lucky. Instead, the process that leads to that result usually determines if you can sue a lawyer for legal malpractice. Such an action may be an option if the lawyer was negligent.

Basically, professional negligence means the lawyer’s (or other professional’s) conduct fell below the standard of care. This standard is very high in legal malpractice cases. Lawyers have a fiduciary duty to their clients. Lawyers must set aside all other priorities and, according to the oath they swear, zealously represent their clients.

To live up to this standard of care, a good Los Angeles legal malpractice lawyer uses proven methods to successfully resolve professional negligence cases. Frequently, compensation is very high in such cases. A negligent lawyer not only “messed up.” S/he also betrayed the client’s trust. This compensation usually includes money for out-of-pocket losses, emotional distress, and punitive damages.

What Is Legal Malpractice in California?

Legal malpractice is an attorney’s failure to competently perform legal duties (the process), and that failure harms the client (the result). To successfully sue a lawyer for legal malpractice in California, the victim/plaintiff generally must prove four elements:

• Attorney-Client Relationship:

  You must show that an attorney-client relationship existed. A Los Angeles legal malpractice lawyer may use a signed retainer agreement, invoices, emails, or even implied conduct to establish this connection by a preponderance of the evidence (more likely than not).

• Breach of the Duty of Care:

  A breach is negligent or unethical conduct. Missed filing deadlines, especially a major deadline, such as the statute of limitations deadline, may be the most common example. Others include incomplete court filings, erroneous legal advice, conflict of interest, abandonment, and failure to properly prepare the case.

• Causation:

  The “case within a case” requirement may be the most difficult legal malpractice element to prove. The victim/plaintiff must show the lawyer’s negligence, not the other lawyer’s skill, the amount of evidence in the case, or anything else, substantially caused the poor result. This reflects the elements of negligence.

• Damages:

  Usually, the law requires financial harm. In a civil case, this harm could be a lower judgment or an adverse judgment. In a family or criminal law case, the financial harm is often both direct, such as the financial support or fines paid, and indirect, such as the loss of future employment opportunities.

Although compensation for emotional distress is available in legal malpractice claims, emotional distress, by itself, usually doesn’t meet the damages requirement in California.

California Statute of Limitations for Legal Malpractice

We mentioned the statute of limitations above, as a grounds for suing a lawyer for legal malpractice. Roughly the same law applies to legal malpractice claims themselves.

Usually, legal malpractice victims must file legal actions within one year of discovering the malpractice or within four years of the wrongful act, whichever comes first. A few limited exceptions apply, such as fraud and continuous representation.

This framework protects legal malpractice victims who don’t immediately know why their result was so poor. Assume Julie is annoyed that her lawyer doesn’t return her phone calls and she’s more annoyed when she pays a large fine. Two years later, she learns that her lawyer was disciplined multiple times for failing to communicate with clients and failing to properly prepare cases.

Although the one-year time limit has passed, Julie may be able to work with a Los Angeles legal malpractice lawyer and hold her attorney accountable for his misconduct.

Do You Need Another Lawyer to Sue a Lawyer?

Yes. Legal malpractice cases are complex and typically require expert testimony from another attorney to establish the standard of care. However, you don’t just need any lawyer. That approach could result in yet another legal malpractice claim. So, as you look for a professional negligence lawyer, focus on:

• Proven Track Record:

  Experience alone is misleading. A losing basketball team that returns all five starters is an experienced losing team. A losing attorney, like a losing basketball team, could turn things around. But in both cases, that’s unlikely.

• Dedication:

  Because these cases are so complex, dedicated professional malpractice lawyers are few and far between. Nevertheless, do not settle for an attorney who handles a few malpractice cases on the side.

An experienced California legal malpractice lawyer evaluates your case, collects evidence, determines damages, and navigates procedural hurdles to obtain the best possible result under the circumstances.

Professional negligence is so wrong and so hurtful on so many levels. For a free consultation with an experienced legal malpractice lawyer in Los Angeles, contact us today the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.