When you entrust a lawyer with your legal matters, you expect them to act with competence and diligence. Unfortunately, lawyer negligence, also known as legal malpractice, can occur, leading to unfavorable outcomes in your case. In situations where your attorney’s mistakes have significantly harmed your case, engaging a Malpractice Suit Lawyer might be the necessary step to seek justice and compensation.
Legal malpractice can manifest in various forms. Some instances are clear-cut, such as missing critical deadlines like the statute of limitations, which can automatically disqualify your case. However, other situations may reside in a more ambiguous area, making it challenging to determine if negligence occurred and if it directly impacted your case’s result. If you believe your lawyer’s incompetence has caused you financial harm, securing a malpractice suit lawyer experienced in handling these complex cases is crucial to protect your rights.
Disclaimer: Please be aware that Patrick Malone & Associates specializes in specific areas of legal malpractice. We do not handle claims against attorneys in criminal law, family law (including divorce, alimony, custody, and parental rights), immigration, or employment law. Our focus is primarily on cases where the previous lawyer provided inadequate representation in personal injury, medical malpractice, product liability, and claims against healthcare providers, drivers, and related civil litigation matters. If your case falls within these categories or general civil litigation, we might be able to assist you.
Legal Malpractice: Navigating Two Intertwined Cases
Pursuing a legal malpractice claim is essentially undertaking two legal battles simultaneously. To successfully sue for legal malpractice, your malpractice suit lawyer must demonstrate two key aspects:
- Attorney Negligence: You need to prove that your original attorney acted negligently in handling your case. This means showing that their conduct fell below the accepted standard of legal care.
- Causation and Damages: It’s not enough to show negligence; you must also prove that this negligence directly caused you harm. Specifically, you must demonstrate that had the negligence not occurred, you would have achieved a more favorable outcome in your original case, whether through a better settlement, judgment, or verdict.
Often, winning a legal malpractice case requires significant re-litigation of the underlying case. Even if your previous attorney made a clear error, a jury might still believe that you would have lost the original case regardless. Many legal malpractice suits arise when a client receives a settlement but believes they were entitled to a larger sum if not for their attorney’s errors. This is where a skilled malpractice suit lawyer becomes invaluable in reconstructing your original case and proving the impact of the negligence.
Steps to Take When Considering a Malpractice Suit
If you suspect you have grounds for a legal malpractice claim, there are crucial steps you should take to build a strong case and prepare to consult with a malpractice suit lawyer:
- Request Your Case File: Obtain your complete case file from your former attorney. You are entitled to this documentation, and it’s essential for your malpractice suit lawyer to review.
- Gather All Relevant Documents: Collect all documents related to your original case, including correspondence, court filings, evidence, and any other pertinent information.
- Contact a Legal Malpractice Attorney: Reach out to a lawyer who specializes in legal malpractice claims. Look for experience and a proven track record in this niche area of law.
- Schedule a Consultation: Arrange a consultation with the malpractice suit lawyer you choose. Be prepared to discuss the details of your original case and why you believe malpractice occurred.
- Follow Your Attorney’s Advice: Once you’ve hired a malpractice suit lawyer, diligently follow their guidance and instructions throughout the legal process.
The Core Elements of a Legal Malpractice Case
To successfully prove legal malpractice, your malpractice suit lawyer needs to establish four key elements:
- Duty of Care: It must be shown that your original attorney owed you a duty of care. This duty arises from the attorney-client relationship, often formalized through a written agreement.
- Breach of Duty: You must demonstrate that your attorney breached this duty of care. This could involve negligence, mistakes, or failures to act that a reasonably competent attorney in a similar situation would not have made.
- Causation: The attorney’s breach of duty must be the direct cause of your damages. There needs to be a clear link between the attorney’s negligence and the harm you suffered.
- Damages: Finally, you must have suffered actual financial losses as a result of your attorney’s actions or inactions. Speculative harm is not sufficient; you need to demonstrate tangible financial damages.
Example: Illustrating Legal Malpractice
Consider this scenario to understand how legal malpractice can occur: Imagine you suffered a serious injury after slipping on a wet floor at a restaurant. Despite complaints about the hazard, the management failed to address it. You hire a personal injury lawyer to sue the restaurant. However, due to the attorney’s negligence in missing critical filing deadlines, the court dismisses your case, preventing you from refiling.
In this instance, a malpractice suit lawyer could argue:
- Duty of Care: The attorney-client agreement establishes the duty of care.
- Breach of Duty: Missing deadlines constitutes negligence and a breach of the attorney’s duty.
- Causation: Witness statements and medical expert testimony can prove the wet floor incident caused your injuries and potential losses.
- Damages: The attorney’s negligence directly resulted in financial harm by preventing you from seeking compensation from the restaurant.
In such a case, you would likely have a strong foundation for a legal malpractice claim with the help of a dedicated malpractice suit lawyer.
Contact Experienced Malpractice Suit Lawyers
At Patrick Malone & Associates, our malpractice suit lawyers deeply understand the devastating impact of legal malpractice. We are experienced in representing individuals and businesses in the Washington, DC metro area, Virginia, and Maryland who have been harmed by attorney negligence. If you believe your attorney has committed legal malpractice, it’s essential to consult with a lawyer experienced in this complex field to protect your rights and explore your options for recovery.
I highly recommend Patrick Malone & Assoc for any legal issues you may have. I dealt directly with Al Clarke and he was professional, appropriately aggressive on my behalf, and attentive to my case. Importantly, Al was also reality-based throughout the process so he was never wasting either of our time. Placing your case in his hands will give it a great chance to succeed.
-Hubbel R.
Our Washington DC malpractice suit lawyers are committed to diligently advocating for victims of legal malpractice from the outset of their cases. Contact us today at 1-202-742-1500 or 1-888-625-6635 or fill out our confidential contact form for a FREE consultation and case evaluation.
Disclaimer: As mentioned earlier, Patrick Malone & Associates focuses on specific areas of legal malpractice and cannot assist with claims against attorneys in criminal law, family law, immigration, or employment law. Our practice is concentrated on cases of attorney negligence in personal injury, medical malpractice, product liability, and general civil litigation.
The malpractice suit lawyers at Patrick Malone & Associates have a proven record of successfully representing clients in Washington, DC, Arlington, Alexandria, Annapolis, Rockville, Baltimore, Richmond, Fairfax, Montgomery County, Prince George’s County, and throughout Maryland and Virginia.
