Often lawyers cost clients money by acts of malpractice. The somekeyword play a huge part in the legal world, as it is their job to prove these malpractice suits. The malpractice attorney must show the court that the malpractice has caused damages to the client. Nine times out of ten these losses are money related.
Legal malpractice occurs when an somekeyword has not done everything legally according to the book. This means he has not done his work as any other reasonable lawyer would have done in the practice of law. This negligence has caused the client harm and has cost the client to suffer loss in some way. We refer to this as damages.
Once you decide to file a lawsuit it must be done within the time frame as laid down by law. "Statute of limitations" applies so it is necessary to work quickly in this regard.
Negligence is the cornerstone to malpractice suits. The negligence applies to the attorney working for a client. If an attorney does not perform all his duties are per the contract signed between attorney and client then breach of contract exists. The other type of breach is fiduciary breach of duty. It is these two breaches that constitute malpractice. It is due this malpractice that the client wills a loss.
A client can also suffer damages if the attorney adopts a less than satisfactory strategy in court. This could be a factor in malpractice cases but it is often not that clear cut. The attorney charged with malpractice must be shown to have not taken the course of action that would be taken by any other attorney during the normal course of business. This action on behalf of the attorney must be the direct result of the client suffering damages. If the client would have lost the case irrespective of the negligence then there would be no case to fight.
If there is a fiduciary breach of duty, this would mean that the attorney acted not in the interests of the client but in the interests of himself. This action has to be detrimental to the client. Naturally a claim would also exist if the lawyer breaches a contract that has been signed with the client.
The most often case of malpractice is when a lawyer does not file court documents with the court within the prescribed time. This is most certainly negligence. Malpractice has far and wide repercussions in monetary terms and should be avoided at all costs by attorneys. This is why lawyers must always put the client's interests first.
The consequences of malpractice are serious and can result in a variety of unpleasantness. For this reason the attorney should have his wits about him and always have the clients best interests at heart.
Negligence on behalf of a third party could cause injury or loss to a client. This negligence would then result in a civil claim. It is best to seek the council of competent and proficient legal malpractice attorneys, as they will assist in ensuring you get a fair settlement.
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