An Overview of Legal Malpractice
Legal malpractice is an area of law that deals with the negligence of attorneys. When a lawyer is negligent—meaning that he or she fails to act in accordance with the manner in which lawyers in similar situations would act—then legal malpractice can be alleged. Specifically, professional liability cases, in this instance legal malpractice, allege that the services provided by an attorney are below generally accepted standards, and the plaintiff suffered economic harm as a result.
There are many different examples of legal malpractice that can lead to a claim, and each case is fact-specific. Here are a few of the most common examples of legal malpractice:
Failure to meet a deadline
Failure to properly research a case
Failure to file a case in the proper court
Improperly identifying a party to a lawsuit
Improper conflict of interest
Improper settlement negotiation
Improper fee agreement handling
Charging excessive fees
If clients have reason to believe that they’re the victim of legal malpractice , then they can generally identify this by the following signs:
The client suffers a loss
A client could have won his or her case had the attorney presented it correctly
A lawyer accepts a case in which he or she has a conflict of interest
A lawyer inappropriately advises on litigation strategy
An attorney makes decisions without consulting the client
The lawyer implements a plan for the client, but does not disclose his intent
There are many more reasons why clients may seek out legal malpractice attorneys in Philadelphia, PA. If clients feel as though they’ve been a victim of legal malpractice, then they should act quickly to seek out legal representation.
What Makes a Great Malpractice Attorney?
Why Experience Matters: When looking to find the right legal malpractice attorney, there are a few things to keep in mind. First and foremost, it is important to understand that a legal malpractice case requires experience and knowledge of the law. The attorney that you choose should be familiar with the area of the law in which you believe you have suffered from legal malpractice. For instance, if you were represented in a child custody matter and you believe that your attorney committed legal malpractice, then it is important to choose a legal malpractice attorney with significant experience in family law. Very few attorneys are experts in every area of the law, and this is for good reason.
Proven Success: While experience is key, success is also important because it is an indicator of the network of support an attorney has cultivated as well as the amount of time that an attorney has been handling legal malpractice matters. When looking for a Philadelphia attorney to handle your legal malpractice matter, it is crucial to choose someone with years of proven success handling cases like yours so that you have a greater chance of prevailing.
Specialization: In addition to choosing a legal malpractice attorney with years of proven experience, it is also good to choose someone who is part of the American Association for Justice (AAJ). This organization only accepts attorneys who are members of their state trial lawyer groups, and this basically means that their members have a good reputation and have strong relationships throughout the entire organization.
Benefits of Hiring a Legal Malpractice Attorney in Philadelphia
Whether attorney you hired is the plaintiff’s expert or just the person who was handed your case by the negligent law firm you hired before, for legal malpractice, a local Philadelphia attorney is a much better choice. Many believe, and again…this is why attorneys are so darned expensive, that they have to hire a "big firm," giving them access to the best attorneys in the country. This may or may not be true, actually the opposite is true in many instances. Big firms are starting to starve the big time partners, so they are divided into small pieces and spread out at smaller firms. So while you think you have the best attorney, you might simply have the BALONEY.
A legal malpractice attorney in Philadelphia will know the area and the state laws. Unlike other states, like New York, in Pennsylvania, statutes of limitations apply to law firms and legal malpractice applies to the entire case, not just the last attorney. If it is stated that an attorney must be from the state where he/she practices, this is to, among other reasons, weed out other states who would flood into Pennsylvania displacing their attorneys and hurting their business. The Philadelphia law allows any attorney regardless of state to sue a legal malpractice defendant. This is because if the case is in state court, the Supreme Court of Pennsylvania set many standards and rules that must be adhered to, and the other state does not have its own rules.
All states allow a home filed case to be moved to the proper jurisdiction. So if the reason for the legal error is that the case must be filed in Philadelphia County and you are in another county, the attorneys will find out the error quickly and file a Notice of Change of Venue. If the attorney is not a local or absolutely familiar with Philadelphia, this becomes very difficult and often fails to be done, leaving the client to search for someone who can do that. With legal malpractice, we are talking about wrongful foreclosure, wrongful eviction, fraud and conspiracy, and quite a few other offenses that seem to compound as the violations continue. A local attorney, such as a legal malpractice attorney in Philadelphia can prevent this from getting to the stage where our firm was brought into the case in the first place.
Selecting the Right Attorney for your Case
Choosing the right legal malpractice attorney in Philadelphia, PA can be a daunting task for many. With so many options available, it is critical to find an attorney who has the experience necessary to properly handle your case. As with any situation, there are multiple factors that you should consider before hiring an attorney to ensure that they are the right match for you.
First and foremost, your attorney needs to be experienced with cases that are similar to yours. For example, if your case involves business litigation, you need to find an attorney who can take and evaluate your case to determine whether or not there is a basis for a legal malpractice claim. This type of case requires a significant amount of attention to detail and an eye for the finer points of the transaction that were omitted, overlooked, or misused by your primary attorney.
Case evaluations are an essential part of finding the ideal legal malpractice attorney in Philadelphia. A case evaluation determines the significant aspects of your case, starting with the contract that was used . If there was no contract, your attorney must consider the representations and warranties made to you at the beginning of your primary attorney-client relationship. If your attorney is unable to determine that your case has merit, they will have the ability to decline representation upfront. This is critical because, with many legal malpractice cases, your statute of limitations has already run by the time you are able to file suit against your attorney.
Legal malpractice attorneys generally offer a consultation process so that you can meet them personally, communicate your issues, and obtain legal advice. In addition, this allows you to better understand how an attorney will handle your case moving forward. Be sure to ask about their track record and past results during the hiring process. You can also benefit from the advice of previous clients. If you do not feel comfortable or are not satisfied with the answers as provided by the attorney during your consultation, you are able to continue your search until you find an attorney that you can trust.
Actions to Take if you Think you have been a Victim of Malpractice
If you have had a successful outcome with the legal proceeding in which you were represented by an attorney, you are likely pleased and have no reservations about your counsel. However, if you are not pleased, or if you did not achieve the desired result, there is a chance that you have been the victim of legal malpractice.
STEPS TO TAKE:
- Never destroy any documents or electronic material pertaining to the transaction, even if you are creating a list of issues that you want to discuss with your personal attorney.
- Review all of the correspondence you received from the attorney or firm in which you were represented. This should include letters, treatises, published opinions, or other form of material in which the lawyer may have listed his/her experience in hopes to convince you that the lawyer is highly experienced and knowledgeable in a particular field.
- Review all of the correspondence that you sent to the attorney or firm in which you were represented, as well as any invoices you might have received as a result of being represented in the legal matter.
- Discuss the situation with your spouse or trusted family member or close friend. Discussing the situation with someone else will help you to better understand what has happened and help you frame the situation in your mind.
- Then, consult with an experienced legal malpractice attorney while keeping in mind the previous four steps. The attorney will be able to better assist you in understanding what legal malpractice is; how legal malpractice attorneys can help you; the steps you should take if you feel you have been a victim of legal malpractice; and whether or not your case is one that may warrant bringing a legal malpractice suit.
Legal malpractice lawsuits are very complex and each step needs to be properly executed to ensure success and to avoid further delays and losses.
Commonly Asked Questions
Q: What are the common signs of legal malpractice?
A: Common indicators of legal malpractice include missing filing deadlines, failing to disclose potential conflicts of interest, legal malpractice stemming from failing to pursue additional legal options for a client, including appeals, and making serious mistakes in legal proceedings that result in serious harm to clients.
Q: Why should I hire a legal malpractice attorney?
A: Legal malpractice attorneys offer advice and representation for individuals whose clients have been negligent in the provision of legal services. If you feel your former attorney has made serious mistakes, it may be wise to consult an attorney that specializes in legal malpractice claims.
Q: How can I tell if my legal malpractice attorney is right for me?
A: You should absolutely speak with more than one potential legal malpractice attorney before making your decision. While there is no specific number of consultations to attend before settling on one attorney, you will want to make sure you understand your case and how the attorney will handle it . A good attorney will review your case and questions thoroughly and begin to offer a clinic opinion on your options.
Q: What happens if I win my legal malpractice case?
A: Winning your case against the party that caused your legal malpractice can be a long process; these cases are usually very expensive and entail extremely detailed review of the records. Your attorney can work with you during each step of the case, and fees will depend on the specifics of the case; some fees are contingent on the successful outcome of the case.
Q: Could I file a legal malpractice claim against my new attorney?
A: In theory, you may file a claim against a new attorney if you feel he or she provided negligent legal services or was otherwise responsible for legal malpractice. In practice, however, it is very difficult to file a claim against a current attorney for malpractice. If you feel your attorney has acted negligently, it is in your best interest to attempt to handle the situation between the two of you first, if at all possible.