Can You Sue Your Lawyer For Malpractice?

by | Apr 18, 2016 | Uncategorized

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Individuals and companies hire attorneys when they are faced with a situation which is far too complex for them to deal with themselves. You hire a lawyer and put your trust in the professional integrity and knowledge but unfortunately this is not always the case. In the event the lawyer you hired makes things worse or you have lost all confidence in the lawyer’s ability you have the right to engage Texas malpractice lawyers and sue for legal malpractice.

Proving legal malpractice is not easy:

You might consider suing your previous lawyer for professional malpractice in the event he or she made serious errors which jeopardized your case in court. You have the right to do this but winning a case of this nature is not easy. Just because your lawyer was not successful in getting the outcome you wanted is not malpractice; malpractice is when the lawyer fails to use the skill and care that other lawyers would have used in the same situation.

If you expect to win a case of legal malpractice you must prove:

   *   The lawyer failed in his or her duty to represent you properly
   *   The lawyer was negligent; he or she erred or did not perform in accordance with your agreement
   *   The lawyers incompetence caused you to suffer financial loss

When Texas malpractice lawyers first take a case the first thing they must do is to prove that errors were made in the way your case was managed. You must then prove that if the lawyer did not mishandle the case you would have won instead of lost and you need to prove that you would have been awarded damages from the defendant had the case been won.

What are typical examples of legal malpractice?

There are many complaints that people have about their lawyers that may or may not constitute legal malpractice; let’s look at a few:

   *   Cessation of work: If your lawyer simply ignores you and your case this can be considered legal malpractice. If you are dissatisfied do not hesitate to write the lawyer and complain in no uncertain terms, this letter is evidence in itself.

   *   Settles for less than the original estimate: If the lawyer suggests or recommends that you settle for less money than he or she originally thought the case was worth; this is not legal malpractice.

   *   Settles without approval: A lawyer cannot settle a case without the approval of the client, if he or she does this is malpractice.

These are just three examples, only two of which constitute malpractice. If you have reason to believe that your previous lawyer failed in his duty to represent you as any other lawyer would then you can engage the services of Texas malpractice lawyers and sue for damages.

Suing your lawyer for malpractice is not easy, you will need to hire Texas malpractice lawyers that focus all of their attention on legal malpractice cases. You are invited to discuss your case with the Kassab Law Firm.

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