Much like how doctors have a responsibility to their patients, lawyers have a responsibility to their clients. It is within not just their duties but their obligation to be accountable for a case and provide reasonable care, advice, and representation. Attorneys have a set of professional duties owed to you, and disregarding them is considered malpractice. This negligent behavior tends to occur when a legal professional puts their personal interests above those of the client.
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 occurs 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, cannot 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.
