How and When to Pursue a Legal Malpractice Claim
A recent article in the Southeast Texas Record concerning a legal malpractice claim tells the story of a fellow who consulted with a lawyer after being hit by another motorist. The man claims that his attorney failed to file a lawsuit on his behalf and purposely neglected to inform him of a limit on policy settlements. People who seek the counsel of an attorney expect professional and ethical services. However, when there is a breach in the standard of service, there may be no other choice but to pursue a legal malpractice claim.
Practicing law is an exceptionally complex and difficult profession. Like any professional service, mistakes are occasionally made. However, when a lawyer’s conduct or incompetence has caused damage to a client’s case or led to a client losing a case, there may be grounds to pursue a legal malpractice claim. Anyone wishing to file a legal malpractice claim should remember that California’s statute of limitations for a legal malpractice case is one year from the date of two events:
- The date that the client knows or should have known that the attorney was negligent, and
- The client suffered damage.
In a legal malpractice case, not only is it necessary to prove that an attorney was negligent, it must also be proven that the outcome of a case would have been different if a lawyer had not been negligent in their professional and ethical responsibilities. As you might guess, a legal malpractice claim is a serious blow to the credibility of a lawyer and a lawyer accused of legal malpractice will work very hard to undermine the credibility of the case against him or her.
If you believe that you are the victim of legal malpractice, this is a very serious matter and you should contact the experienced California legal malpractice lawyers at the Law Offices of Samer Habbas for a free consultation. At Attorney Habbas’ office, rest assured that you will always receive the highest professional and ethical consideration.