An attorney should be someone your business can trust. Like bankers, doctors, and therapists, attorneys are granted access to highly sensitive financial and even personal information. In turn, clients rightfully assume that the information they supply will be handled in a timely, efficient, appropriate, and ethical manner. When an attorney fails to adhere to their code of conduct as a legal professional, it can cost a client everything — their time, their money, their sense of security, and perhaps even their livelihood.
When your attorney lets you down, our attorneys are here to pick you back up. Maselli Warren, P.C. provides legal representation to businesses that have suffered damages as a result of attorney malpractice. We represent commercial clients in attorney malpractice cases to achieve justice, to fight for appropriate restitution, and to uphold ethical and professional standards in the legal community.
What is Attorney Malpractice?
It is important to understand that a lawyer losing a case is not grounds for alleging attorney malpractice in and of itself. Provided that the attorney met the normal operating standards for attorneys, malpractice does not simply mean “losing.” Malpractice means that an attorney acted in a manner that failed to meet the regular standards that any attorney would be expected to achieve and to act in compliance with.
Common examples of attorney malpractice include but are not limited to:
- Missing a statute of limitations (e.g. failing to file a complaint before a legal deadline).
- Dismissal of a case that has not been properly pursued.
- Breach of fiduciary duty owed to the client (e.g. the attorney does not act in the best interests of the client).
- Failing to contact the client for an extended period of time.
- Settling a case without the consent of the client.
Proving Attorney Malpractice
Proving attorney malpractice can be difficult, because there are multiple conditions for malpractice which must be demonstrated to a judge, and furthermore, because every allegation of malpractice is evaluated on a case-by-case basis. In order to demonstrate attorney malpractice, four conditions must be proven:
- The attorney owed you a duty. The attorney had a duty to act in accordance with the normal standards of operation for all legal professionals, on your behalf. (For example, the signing of a representation agreement could serve as a proof of duty.)
- The attorney breached his or her duty. The attorney was negligent, unethical, or otherwise failed to comply with his or her obligations to you as a legal professional.
- The breach committed by the attorney damaged you financially. The attorney’s actions or inaction caused monetary losses.
- The breach committed by the attorney resulted in your financial loss. The monetary losses you suffered were a direct result of attorney misconduct.
As these guidelines imply, a significant part of proving that an attorney committed malpractice is proving in turn that the case would have been won where malpractice had not been an interfering factor. Additionally, it must be demonstrated that had the original case been won, you would have collected a judgment.
We understand that in the event of attorney malpractice, it can be difficult to open up your trust to yet another attorney. However, you can rest assured that Maselli Warren is committed to providing quality legal representation for all of our clients. Our attorneys have over 25 years of experience representing businesses in attorney malpractice cases, and we are committed to obtaining justice for all of the companies and businesspeople we represent.
Prevailing in an attorney malpractice case can be a difficult task, but having an aggressive and experienced attorney malpractice attorney on your side can maximize your chance of success. At Maselli Warren, we pride ourselves on our legal work in this area, and have successfully litigated many malpractice claims on behalf of our clients. If you would like to confidentially speak with an attorney about malpractice, contact our law offices online, or call us today at (800) 891-2657.