When a person believes that their lawyer has not performed up to the profession’s standards, they may have cause to bring a lawsuit against them. In general terms, legal malpractice may come down to one of three categories. If an attorney has violated one of these three standards of conduct, a client should contact an attorney with legal malpractice action experience to have their case evaluated.
The three categories are:
- Negligence
- Breach of Fiduciary Duty
- Breach of Contract
Proving that Malpractice Has Taken Place
To prove that malpractice has taken place, the case against the attorney has to be evaluated looking at these three categories. You must prove that the attorney was negligent in their duties. Being negligent means that the attorney didn’t execute his duty to the client in a way that a prudent lawyer would have normally done so. This could be an action taken or not taken. Filing inadmissible evidence or failing to cooperate with rules of discovery or not even reviewing files before court appearances.
Breach of fiduciary duty is usually meant as not performing in a loyal manner to their client. These breaches can include failing to disclose information to the client, not observing attorney-client privilege standards, or having a conflict of interest. Breach of contract is more specific. It deals with not performing duties that the contract stipulates.
When the lawsuit is brought; it will be up to you, the plaintiff, and your attorney to show that one or more of these violations has occurred. You will also be required to prove there was a client-attorney relationship and that the negligence or breach of fiduciary duty or breach of contract has damaged you financially.
This is what you and the legal malpractice attorney will be charged with proving when you bring a professional malpractice suit against an attorney. If this information convinces you that a wrong has been done to you by your former attorney, contact Rushing & Guice today and let us evaluate the case.
