It’s important to remember that every mistake or lost case does not constitute legal malpractice. Results are not guaranteed, and it is possible to lose a case despite competent representation. The key question is whether the attorney’s conduct fell below the standard of care and if that conduct caused harm.
At Traut Firm, our experienced Santa Ana legal malpractice attorneys provide clients with the expertise and guidance to navigate these challenging claims. We zealously advocate on behalf of clients harmed by the malpractice of their former attorney. If you have been harmed, financially or otherwise, through the professional negligence of a lawyer or law firm, attorney James Traut can help you hold the responsible party accountable and obtain full compensation for your damages.
Call Us Today for a Free Consultation – (714) 835-7000
When considering whether legal malpractice has occurred, there are four primary questions to be evaluated:
Was the attorney negligent?
Did the attorney’s negligence cause damage?
Was the damage significant?
Were the damages caused by negligence collectible?
In California, there are certain elements you must prove to establish a claim for legal malpractice:
When you and the prior attorney enter an official attorney-client relationship
The prior attorney failed to fulfill professional obligations, such as making a mistake or failing to act in such a way that the representation fell below the applicable standard of care.
The attorney’s actions or omissions caused you harm for which you deserve to be compensated. Since the outcome of any legal matter is never certain, you must be able to prove that your case would have turned out differently if the lawyer had not committed malpractice.
The harm that your prior attorney caused resulted in actual damages. These would include financial losses from the failed case, and may also include non-economic damages, such as pain and suffering due to injury.
The damages in your underlying case were collectible. For instance, if your attorney lost your rearend auto case by missing the statute of limitations, but the 18-year-old defendant driver only had a $25,000 insurance policy limit, you will likely be unable to prove damages above the policy limit.
All of these elements must be present in order to prove your legal malpractice case. Proving these elements require specific skills and extensive understanding of the law, and an expert witness, so hiring a legal malpractice attorney is essential. Not only must the legal malpractice attorney prove your legal malpractice case, he must also prove that the underlying lawsuit was winnable and demonstrate the value and collectibility of that matter.
You might start by requesting your current attorney sit down and review the file with you. If the attorney is reluctant to do so, it may be a sign that malpractice has occurred. Another sign is if the attorney has stopped communicating with you. Finally, if it is taking longer than originally estimated to complete your case, your attorney may have committed malpractice, although there may be a valid reason why your case hasn’t resolved yet.
If you believe your current attorney has committed legal malpractice, you may be considering firing him. Before doing that, however, you should consult with a legal malpractice attorney first. Sometimes, your attorney is not handling your case as you would like, he/she hasn’t necessarily committed malpractice, you just need to find a new attorney to take over the case.
If the legal malpractice attorney determines that malpractice has occurred, he will explain the next steps you should take to protect your rights and pursue your claim. If he doesn’t believe the attorney committed malpractice, he will be able to explain why.
Claims for malpractice are subject to a one-year statute of limitations. This means you have one year from the time the malpractice occurred or when you discovered the legal malpractice (whichever is later) in which to file a lawsuit.
Failure to know or apply the law is the most common legal malpractice claim. It is reasonable to expect attorneys to have comprehensive knowledge in their practice area. This knowledge and application of the law is crucial to the success of any case. This type of negligence is more likely to occur when an attorney practices in multiple areas of the law.
Missing filing deadlines, including statutes of limitations, can result in the dismissal of a case and substantial harm to the client. In California, personal injury matters must be filed within two years. If the attorney doesn’t file a case within that timeframe, the client is precluded from pursuing the case and the attorney has committed legal malpractice.
An attorney is expected to uncover all relevant information regarding a case. Failing to conduct adequate discovery, finding witnesses, or investigating relevant facts can result in a weaker case and potential harm to the client. If an attorney performs insufficient fact-finding or negligently fails to uncover key evidence, it can spell doom for a case that would otherwise be successful.
Attorneys must obtain client consent to settle any case. If they settle a case for considerably less than what the reasonable settlement value might be, there may be attorney malpractice.
When your attorney co-mingles or uses your settlement funds or escrow funds to finance his business or personal lifestyle, he/she has committed legal malpractice.
The practice of law requires a careful analysis of the facts and the development of an effective legal strategy. If lawyers do not adequately plan, they can make serious errors that harm their clients, such as failing to interview witnesses, failing to recognize a valid legal argument or defense, losing important documents, failing to be aware of important recent case law developments, or failing to file or oppose potentially important motions with the court.
Attorneys must avoid conflicts of interest that compromise their ability to advocate solely for their client’s best interests. Representing multiple clients with conflicting interests or failing to disclose personal relationships that may affect representation can give rise to legal malpractice claims. This is a violation of any good lawyer’s professional ethics.
Not keeping a client informed about important developments in their case or failing to obtain the client’s consent for significant decisions can occasionally lead to a legal malpractice claim. When an attorney ignores calls, fails to update the client, and withholds important information, the client may suffer from uninformed decisions or missed opportunities.
If you suspect your attorney has committed legal malpractice, contact Traut Firm today. Our attorneys have extensive experience evaluating and litigating claims of legal malpractice and can help you determine whether you have a case.
Call our office at (714) 835-7000 for a free case evaluation.
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If you’ve been injured in an accident, harmed by unsafe property conditions, or wronged by a negligent attorney, don’t wait to protect your rights. Evidence disappears quickly, and strict time limits apply to every case.
Call Us Today for a Free Consultation (714) 835-7000.
Not every lawyer delivers the representation clients deserve. When attorneys fail to meet deadlines, provide inadequate advice, mishandle cases, or create conflicts of interest, the consequences can be severe. At Traut Firm, we are among the few firms in Orange County that specialize in legal malpractice litigation. We hold negligent lawyers accountable, helping clients recover damages for the harm caused.
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