What Constitutes Legal Malpractice?

Posted by Daniel Lawrence on May, 2016

There are certain parallels to medical malpractice and legal malpractice. Legal malpractice occurs when your lawyer fails in his duty to act in accordance with the proscribed standards that he or she works under. Don’t think that losing your case or claim is enough to cause you to sue your lawyer, it is not. If you are of the opinion that your lawyer violated the bar associations rules of professional conduct then you should consider hiring a legal malpractice attorneys in Houston TX and suing for damages.

If your legal malpractice suit is based on negligence you will have prove four specific issues:

* The lawyer was obliged to provide competent and skilled representation
* The lawyer made a mistake or acted carelessly
* It was the negligent act that caused harm and this harm resulted in financial loss

It is not only negligence that can be cited when suing for legal malpractice. If your lawyer comingled your money with his, had a conflict of interest or breached his or her fiduciary duty they may be guilty of malpractice.

Working with your legal malpractice attorneys in Houston TX

It is by no means easy to prove legal malpractice. In addition to proving that noted above, your attorneys will need to show that your case would have prospered had the lawyer abided by the rules of professional conduct.

There are a number of actionable issues that can be construed as a breach of professional conduct, these include:

* The failure of the lawyer to meet deadlines set by the court
* The failure of the lawyer to file the case within the statute of limitations
* The lawyer’s failure to perform a conflicts check
* Comingling trust account funds, and
* The lawyers failure to return your telephone calls

The time limit on filing a legal malpractice case is usually only a year so if you feel you have a case; do not put off contacting a firm of legal malpractice attorneys in Houston TX. If you have been the victim of legal malpractice, contact the attorneys at the Minns & Arnett law firm. Also like them on Google +.

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