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Posted by: Maricopa Lawyers on Mar 2, 2016

While malpractice is a term typically used to describe lawsuits involving medical care professionals, legal malpractice is the kind of malpractice case that involves attorneys engaging in negligent behavior,or somehow causing harm to the client by taking actions that no reasonable attorney would make. Here’s a look at ways in which your attorney may have been negligent and liable for legal malpractice.

Types of Legal Malpractice

Negligence. A common reason for a legal malpractice claim arises when an attorney misses a deadline for filing a paper with the court or serving a paper on another party, and that error is fatal to the client’s case. This often happens in regards to the statute of limitations, where you consulted with your attorney in a timely manner and authorized the filing of a lawsuit, but the attorney failed to prepare and file the complaint in time. Another form of negligence can arise when your attorney fails to respond to motions filed by the opponent or failing to timely file a notice of appeal.

Breach of Fiduciary Duty. Legal malpractice can also occur when an attorney breaches a fiduciary duty to the client. Examples of this is when an attorney has control over your assets and does something that benefits himself that causes you to suffer a loss.

Breach of Contract. When an attorney agrees to take your case, you will most likely sign an agreement. This serves as a contract between you and the attorney under which both of you have obligations. You agree to pay the attorney for the work, and the attorney agrees to do specific things for you. When the attorney does not fulfill the obligations set forth in the contract, you have a malpractice case based on breach of contract.

What Legal Malpractice Lawyers can do

If your attorney has failed to live up to his obligations, speaking to a legal malpractice attorney can help you recover your losses. When working with a legal malpractice lawyer, he or she will work with you to establish your case by demonstrating:

  • The lawyer owed a duty to provide competent and skillful representation;
  • The lawyer breached the duty by acting carelessly or by making a mistake;
  • The lawyer’s breach caused harm to your case.
  • The harm caused a financial loss.

If you’ve suffered a financial loss due to legal malpractice, schedule a consultation today.