09 Nov
In the case of professional misconduct, the causal requirement is formulated negatively. For example, it is often said that the client can only assert claims against the former lawyer if it can be proved that the damage suffered by the client would not have occurred “without” the lawyer`s negligence. In other words, the client must prove that it is solely because of the lawyer`s negligence that the client`s cause of action or defense against a claim in the underlying claim was unsuccessful. As attorneys for legal errors in Grand Rapids, Michigan, we prosecute negligent lawyers and law firms throughout Michigan if they make mistakes and fail to correct them. If you think your former lawyer made a mistake, call Hoffer & Sheremet at 616.278.0888, email us or fill out our free consultation form. When you seek legal representation from a lawyer, you expect them to act competently and fully fulfill all of their ethical and fiduciary obligations as a lawyer. However, if a lawyer violates any of these fiduciary duties by acting negligently or incompetently, or if they do not comply with legal ethics standards or professional code, you may have a case of legal error. If you can prove that your lawyer has taken any of the following steps, you may be able to take legal action against your lawyer for legal errors: One of the most common types of attorney negligence is failure to comply with court filing requirements and the statute of limitations. If you have suffered damage because your lawyer missed significant deadlines to file your case, you should speak to a lawyer who specializes in legal errors at Kurtz & Blum, PLLC, today. We will listen carefully to your concerns and investigate your case thoroughly. The first requirement, hiring a lawyer, is not as obvious as it seems. Sometimes hiring is complemented by an explicit act, such as signing a contract to hire a lawyer to represent you.
In this situation, it is clear that a lawyer-client relationship was born. However, an attorney-client relationship may also be involved by the conduct of the parties. Often, a person can seek advice from a lawyer, for example by calling the law firm, and perhaps get advice. If the client can prove that he or she had reason to believe that a solicitor-client relationship had been established, a claim for error of law may be invoked. Payment of a lawyer`s fees is also not explicitly required to establish yourself. There are many cases, such as a contingency fee case, where a client does not pay a fee to the lawyer. If you believe that your lawyer`s negligence or incompetence has directly caused you to lose a case or suffer financial loss, contact the experienced representation of Monsees & Mayer, P.C. We are always committed to obtaining full and fair compensation for you. In order to assert a viable error of law, a client must be able to prove that he hired the lawyer, that the lawyer did not exercise the usual care and skill, resulting in injury or damage to the client.
You should consider other options before suing your lawyer. That`s because it`s both very difficult and expensive to win a misconduct case. Some of the options you should consider before suing your lawyer are: Proving legal errors is not an easy task. In addition to proving the elements discussed above, you will need to prove clear causation. In other words, it must be clear to the court that you would have won if the lawyer had followed the rules of professional conduct. Once you discover that you may have medical malpractice, you should consult a lawyer immediately so that your claim can be reviewed and evaluated to determine if it has merit. During the investigation or assessment of your malpractice claim, we must obtain and review the relevant legal instruments. You will usually be asked to sign written powers of attorney to disclose these documents. We may also need to engage the services of an expert witness to help us review and assess your medical malpractice claim. Below are some frequently asked questions about legal errors.
For more information, read our educational article: Legal Misconduct 101. Negligence or failure to exercise due diligence is the claim that usually involves an error of law. The assumption is that a lawyer made an error that would have been avoided by the hypothetical “competent” lawyer who adheres to the standard of care. Unlike the usual case of negligence, it is not the “reasonable person” standard that is used to determine whether a lawyer has not exercised due diligence in a case of professional misconduct, but whether he or she has departed from the usual and customary practice of other lawyers in similar circumstances. Legal errors can have serious consequences for both the lawyer and the client. It is important to understand the elements of legal errors to protect yourself if you believe you have been wronged by your lawyer. If a lawyer has mishandled your case, you may be able to sue them for misconduct. But before you proceed, make sure you do the following: Not every mistake made by a lawyer is considered legal misconduct.
Rather, there is an error of law when a lawyer deals with a matter inappropriately because of negligence or with intent to cause harm and harm to a client. In order to successfully perform a legal error procedure in most jurisdictions, you must prove a lawyer`s relationship between you and the lawyer, a breach of the duty of competent representation (negligence), causation, and financial loss. There is still an obstacle to overcome before you can recover against your former lawyer. Many malpractice lawsuits fail because the client cannot prove that even if a favorable judgment had been obtained, there would have been a solvent defendant who would have paid it. A claim that could not have been recovered, even if it had been the subject of full prosecution, cannot engage its liability for fault. The purpose of the solvency requirement is to prove whether the original defendant would have been able to pay a judgment if a judgment had been rendered against him. In the simplest sense, there is a legal error if your lawyer makes an error in your representation and you suffer harm as a result. However, this cannot be a miscarriage of justice. It must be an error that a reasonable lawyer would not have made in the same or similar circumstances, such as failure to comply with the limitation period. Breach of confidentiality – Lawyers are required to keep confidential information received from a client. This is an ethical obligation of lawyers, which exists not only so that clients can speak freely with their lawyers, but also so that information is not disseminated and used against clients. Confidentiality must be maintained during and after the performance and after the death of a client.
If a lawyer discloses confidential information used to your detriment, you may be entitled to a breach of confidentiality relief. Indirect damages are compensation for additional damages that are due to the negligence of the lawyer, but that do not result directly from the purpose of the mandate or do not affect the purpose of the client relationship. In other words, indirect harm is not the loss of the benefit provided by legal services, but the harm that occurred because the benefit was lost. These injuries may include damages for psychological distress and related personal injury, damage to reputation, economic loss, and the costs of that lawyer`s trial for legal error. In Florida, these damages are in many cases irrecoverable, and this area of law is not resolved. Trust Kurtz & Blum, PLLC for an experienced representation that delivers results. If you have been the victim of negligent representation by a lawyer, click here to contact our firm and speak to one of our experienced legal error lawyers to see if you have the right to make a claim. Like most professionals, lawyers sometimes make mistakes that seriously affect their clients. In such cases, you can take legal action against your lawyer.
Check out FindLaw`s list of lawyers who specialize in legal errors if you want to learn more or if you need to take legal action. The second element of lawyers` negligence is similar to the standard of medical negligence. In providing legal services, a lawyer must exercise the care, skill and care commonly exercised by other lawyers under similar conditions and circumstances. A lawyer can never guarantee a specific outcome, and not choosing the best strategic course of action does not necessarily constitute a dereliction of duty.