When you engage a lawyer’s services, you have a right to professional, competent representation. Unfortunately, some attorneys fail to live up to the standards of their profession. This is called legal malpractice. When a lawyer fails in his or her duties to a client, they hurt the very people who came to them for legal counsel.
Our Los Angeles personal injury attorneys will fight for a settlement you deserve and will be there to help you through this tough time. We handle legal malpractice lawsuits in Los Angeles, Orange County, Riverside and San Bernardino.
Clients who are injured financial, emotionally, or legally by a lawyer’s misdeeds can sue for legal malpractice and collect damages for their injuries. However, winning their case in court requires a series of proofs.
Proving a Legal Malpractice Case
When a legal malpractice attorney takes a case, he or she will make an argument in an attempt to prove four main points:
Negligent Standard of Care
Fact and Extent of Injury
Suffered Legal Malpractice?
An attorney-client relationship must be proven for a legal malpractice suit to hold up in court. Without a professional relationship, a legal malpractice lawyer cannot establish that the attorney had a duty to provide any services for a client.
Once a professional relationship has been established, a legal malpractice attorney must demonstrate the standard of care applied to the services rendered to the client. With the standard of care established, the next move is to show how an attorney violated or failed to meet that standard of care.
Attorney Judgment RuleGenerally, an attorney cannot be sued for legal malpractice for making honest mistakes while representing a client. So long as a lawyer makes decisions that are grounded in the best interests of the client and are within the scope of the law, errors in judgment are not legal malpractice.
Establishing a negligent standard of care can be very straight-forward, such as in a case of an attorney failing to bring a case to trial before the statute of limitations runs out. Usually, proving a negligent standard of care is a complex matter requiring skill and a nuanced understanding of the law as it relates to attorney-client matters.
Next, a legal malpractice lawyer must establish that the negligent standard of care given by the attorney is the proximate cause of an injury to the client. A proximate cause is an act or event which, by itself and with no intervening causes, is absolutely necessary for the occurrence of another event.
After the attorney’s actions have been shown to be the proximate cause of injury, a legal malpractice lawyer will next prove the fact and extent of the injury suffered by the client. These injuries can be financial, emotional, or legal.
If you have been represented by an attorney and believe that you have been the victim of legal malpractice, contact the Law Offices of Samer Habbas.
Please call us at 1-949-556-4369 to discuss your case with an expert Los Angeles whiplash injury attorney or you can fill out our free consultation form.
Samer Habbas Legal Malpractice Lawyers: protecting your interests is our first priority.