Negligence implies a less malicious lack of care. This involves attorneys who have not performed their duties by mistake as opposed to doing it with purpose. This carelessness may be displayed as a lawyer who does not exercise care, skill, or diligence at the level other attorneys would in similar conditions and circumstances.
Breach of Contract02
Breach of conduct is defined as failing to follow the specific instructions of the client. Often, this includes not fulfilling contractual obligations to a client or failing to appear for a hearing. Actions like these result in harm to the client and their case, which falls under the liability of the attorney.
Breach of Fiduciary Duty03
Fiduciary duty is the legal obligation to act in the best interest of the party a professional is serving. In law, a lawyer is therefore held to high standards of honesty and full disclosure to the client. When lawyers don't use the full potential of their skills and energy towards the client, there is a breach of fiduciary duty.
Conflict of Interest04
Attorneys are to only represent clients whose interests do not conflict. Exceptions exist under the circumstances that a client gives consent for an attorney to represent both parties. Simultaneous representation of parties with opposing interests jeopardizes both cases, and breaches the honesty and integrity between client and lawyer.
Fraud is one of the most serious forms of malpractice, where any variation of fraudulent actions are taken by the attorney. These can be reported to the state bar, which may impose disciplinary sanctions, fines, and disbarment. At its worst, fraud results in criminal prosecution of the attorney.
How do I know if I have a Malpractice case?
A malpractice case involves a situation whereby your attorney did not act with skill and competence. When other lawyers with equivalent information and experience wouldn’t have made the same decision, it’s considered a breach of duty.
What is the statute of limitation for legal malpractice?
The statute of limitation does vary from state to state. In Texas, there is a two year limit for filing. However, this period does not start until the client discovers the malpractice. If malpractice is occurring during representation, the statute of limitations is delayed until the lawsuit concludes and all appeals have been exhausted.
What damages can I receive if my lawyer committed malpractice?
Because of the nature of legal malpractice cases and their intertwinement with other lawsuits, only fiscal losses or things with financial value (e.g. property) can be counted as damages. Emotional damages, like pain and suffering, are not able to be collected.
Can I sue my lawyer if I lost a lawsuit that I should have won?
Attorneys cannot ensure a particular outcome when serving a client, and failure to choose the best strategic course of action does not necessarily amount to a breach of duty. However, if they mishandled it to a level of negligence, then legal action can be taken.