Legal malpractice can be very confusing and some would describe this as the legal case within a legal case. Legal malpractice can be defined in many ways, but generally legal malpractice is a form of legal negligence in which the client or third party member is caused harm when relying on their lawyer’s advice. This negligence can come in the form of any of the following:
- Lawyer does not spend sufficient time on your case
- Lawyer settles case without your authorization
- Your case gets thrown out
- Your lawyer misuses your funds
Unfortunately this type of negligence or breach of contract does occur and these types of two in one cases have to be muddled out. The result of losing your court case does not automatically constitute as legal malpractice in fact, those filing the claim of legal malpractice must do so on the legitimate grounds of:
- An attorney client relationship
- Attorney standard of care
- Proximate cause
Each category rests on providing the burden of proof, in which their lawyers’ negligent behavior or other foul or harmful performance actions would have otherwise had a more favorable result. Most of the time with these cases, the legal malpractice is apparent but with others it requires the client to act more aggressively in providing their burden of proof.
If you feel that you were inadequately represented by your lawyer in any way and can in fact provide the burden of proof for any type of negligence or breach of contract you should contact the lawyers at Martin Stanley. Legal malpractice insurance are the attorneys assigned to these cases. The main goal for representing clients is justice and if a client has not received just representation due to the lawyers standard of care then they deserve a second chance for justice.