Legal malpractice is the failure of a lawyer to render competent professional service to a client. If the client is damaged as a result of the failure, he or she may have a claim against the lawyer for legal malpractice. To win a legal malpractice case, you must prove four points:
Your attorney owed you a duty to act properly
Your attorney breached that duty by acting negligently, not following through with the agreement or possibly making mistakes which an average attorney would not have made.
Your attorney's behavior caused you damage. This includes proving that the results of your case would have been different (for example, you would have won the case) had the attorney acted properly.
You suffered a financial loss as a result of the behavior.
In addition to a potential malpractice claim, a client may file a complaint against an attorney through the Washington State Bar Association. Instructions for filing a complaint can be found here:
http://www.wsba.org/Licensing-and-Lawyer-Conduct/Discipline/File-a-Complaint-Against-a-Lawyer
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on Feb 28th, 2012 at 1:29 PM