Attorneys are an instrumental part of almost every major business transaction. Attorneys must also attend to all of the details of each contract, address contingencies, and provide accurate, timely counsel as to potential risks. When lawyers fail in these duties, clients can face needless exposure and suffer staggering financial losses.
In many cases, an attorney’s failure rises to the level of legal malpractice. If you or your business faces the prospect of severe financial loss due to an attorneys’ malpractice, it is important that you talk to a lawyer about your options. At Beston International Law Firm, our New York lawyers can represent individuals and businesses that have suffered extensive financial harm due to legal malpractice and transactional errors.
Call 6463059656 or contact us online to request more information about our services in Southern California and nationwide.
In legal malpractice, transactional errors can encompass a wide range of negligent actions, including:
Simply reaching a poor outcome in a business transaction does not necessarily constitute malpractice. Legal malpractice only occurs when a lawyer breaches his or her standard of acceptable care. Further, you must be able to prove that you suffered financial harm as a result of this breach.
In any legal malpractice claim, a lawyer’s very reputation is on the line. Even if your former lawyer’s conduct was far below the accepted standard of care, your lawyer will likely expend significant effort attempting to prove otherwise. At Beston International Law Firm, you can trust that our New York law firm will provide tenacious, thorough legal representation on your behalf.
When you hire a lawyer, you expect them to represent your interests and protect your rights. In some rare instances, however, a lawyer can make a serious judgment error or even intentionally engage in misconduct, harming a client in the process.
Legal malpractice can either occur in the context of litigation or in transactional work. The textbook example of litigation malpractice is failing to file a claim before the statute of limitation expires. Examples of transactional malpractice include producing defective documents or failing to properly advise clients.
Like other professionals, if lawyers were afraid of legal action for any degree of human error, we could not do our jobs and represent clients properly. However, certain acts and omissions are serious enough that they rise to the level of professional malpractice.
The following are some of the most common forms of legal malpractice:
As you can see, legal malpractice may occur due to unintentional but serious errors, careless and avoidable mistakes, or intentional acts of fraud or self-serving breaches of fiduciary duty. No matter how minor or severe the act seems, legal malpractice has the potential to result in millions of dollars in losses.
Simply losing your case or arriving at what you consider an unjust result is not malpractice. Instead, specific legal standards identify malpractice.
To prove a legal malpractice claim, an attorney must prove the following overarching issues:
Proving the first element can involve obtaining a representation agreement signed by both the client and attorney. However, an agreement does not always need to exist for an attorney-client relationship to form. In some situations, an attorney’s actions or reactions can imply a relationship. If a lawyer’s representations gave the client the reasonable belief that an attorney-client relationship existed, that can obligate a lawyer to owe the client the required duty of care. Our attorneys carefully examine the actions of both lawyers and clients to determine whether a relationship existed.
The second element involves the complex matter of proving that a lawyer’s actions constituted negligence.
Legal negligence involves:
As mentioned, not every mistake constitutes negligence under the law. Instead, a lawyer must breach the standard of care required in the legal profession. Simply put, this standard is to exercise the skill, care, and diligence that other similarly trained attorneys in the community would exercise in similar circumstances.
If a lawyer chooses a legal approach or strategy in good faith, and other attorneys at that time and in that situation would find that strategy reasonable, it does not constitute legal malpractice if the strategy fails to succeed for the client. On the other hand, if a lawyer decides to take a wildly unorthodox approach in a case that another reasonably prudent lawyer would never take, the attorney may incur liability for malpractice if the attorney loses the client’s case.
This is only one of many examples of how a lawyer may breach the duty of care. Breach of duty may also occur due to violations of Rules of Professional Conduct for lawyers in California, violation of federal or state criminal law, and similar wrongful acts.
After establishing evidence of a breach of duty, the next step is to demonstrate that the breach led to the losses of the client. We often show that if the attorney had acted in the right manner, the client would likely have prevailed in a case or could have avoided a costly mishap. We also know how to calculate the full amount of damages appropriate in every legal malpractice case to ensure our clients receive the maximum compensation they deserve
As a victim of litigation malpractice, it only makes sense that you may feel wary of other attorneys. However, our lawyers dedicate ourselves to providing only the highest quality of representation in each case we accept. We always do everything in our power to ensure that our clients receive the full amount they deserve. our New York law firm is able to regularly achieve such success for our clients because of our experience, resources, and reputation.
Legal malpractice claims often require an extensive investigation into the lawyer’s actions with regard to the botched matter. Our high-value successes result in substantial resources for future clients, including an in-house investigation team that understands how to gather evidence in legal malpractice claims.
Evidence can vary depending on the nature of the malpractice, but can include:
Legal malpractice cases are different from other injury cases because the defendant will be another law firm. Law firms and their insurers know about the laws that govern these claims, and often have the skills to fight against liability. However, our reputation for success precedes us, and other lawyers know we mean business the moment we walk into a settlement conference or courtroom. They know we fully understand the law and thoroughly investigate and prepare in every case. Our reputation allows us to face opposing counsel from the strongest possible vantage point and often leverage the outcome to our client’s favor.
Our attorneys represent both people and businesses that suffered serious damages because of lawyer negligence. Professional negligence can come in many forms and cause a wide range of damages. In some cases, negligence can lead to millions of dollars in losses for a business or individual client. With so much on the line, you need a law firm in your corner that regularly proves high-value legal malpractice claims.
At Greene, Broillet & Wheeler, we want all of our peers in the legal field to thrive and provide the assistance we pledged to provide for clients. When an attorney failed to do so, we are ready to help you recover for the full amount of their losses.
We’re here to help with filing a legal malpractice claim. Call 6463059656 or message us online today.