Personal Injury Law Blog

Legal Malpractice: What to do if a trusted adviser fails you

legal malpractice

Involvement in any sort of legal case can be stressful and challenging but it becomes significantly more challenging when you have a legal representative who does not adequately serve or support you. There are a variety of reasons a lawyer that you hire may not properly represent you. Examples include failing to file a claim or lawsuit timely,  conflicts of interest that the lawyer may have, incompetence, misstating law or fact or simply assuming too many responsibilities. If you feel that your trusted adviser has failed you, there are several things you should do.

Seek an Independent Opinion

If you feel you have been wronged, try not to be overly emotional or accusatory. These types of reactions can work against you. Instead, be calm and seek an independent opinion of a knowledgeable third party. Friends and family members naturally take your side so it is wise to refrain from involving unnecessary parties. Consulting with an attorney that handles legal malpractice issues is a wise first step during this difficult time.

A lawyer who specializes in legal malpractice cases can properly advise you as to your prospects of such a claim. While you may believe that you weren’t properly represented by your former counsel, you might be wrong. Alternatively,  you may not have enough evidence or damages to win a positive outcome in the case. A knowledgeable legal malpractice attorney can properly assess your situation and develop a plan of action moving forward.

Hire a New Lawyer

Trust is a critical element in an attorney-client relationship. Without trust, the relationship will break down and the results could leave you in a worse position than you were in before forming the relationship. Sometimes, the best step to take is hiring a new lawyer who you can trust to represent your best interests.That is not always the case. In some cases, your counsel might recommend other action.

Build a File of Support

Some of the best information that you have to build a case against your former legal adviser is the documentation you have built up through your attorney client relationship. E-mail communications, depositions, signed contracts or legal contracts, and transcripts from your court case are all examples of documentation that you may be able to use to support the position that your lawyer did not properly represent you. Build a file of any documentation that you can gather. Outline the facts that are important to you in preparation for a consultation with a legal malpractice attorney. The facts and documents should usually be arranged chronologically to aid the consulting attorney to most quickly analyze the claim.

Take Action

Building a legal malpractice case can be challenging. With support from the right lawyer who specializes in legal malpractice cases, you can get past this difficult time. Seek a specialist and avoid trying to handle your legal claims by yourself as a trusted legal adviser can make all the difference in getting you results.

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