QUESTION
What are issues that need to be addressed if your trying to prove legal malpractice
Asked on Mar 19th, 2012 on Legal Malpractice - Washington
More details to this question:
I hired an atty to deal with a speeding ticket i received. She didnt go to court for me as she said she would and i was convicted of speeding and failure to appear. When she was retained i told her that a speeding ticket would be harmful to my family due to my insurance rates for a dump truck i was opperating as an owner opperator . After i received my conviction from multnomah county courts i contacted her and she told me that "if i ever contacted her again she wouild get a restraining order against me . I had to sell my dump truck a close the business as a result of her neglegance . the hardship caused problems for my wife and i and we eventuially seperated and are filing for divorse .
1 ANSWER
Accidents Attorney serving Gig Harbor, WA
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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. There are three major theories of liability:
Negligence
Breach of fiduciary duty
Breach of contact
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.
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 Mar 21st, 2012 at 12:23 PM