You were excited to take your case to court. Your attorney had assured you that you’d be offered a higher settlement if you did. Even if you didn’t get a higher offer, the likelihood of winning your case was very high.
Then, your attorney just didn’t show up. They didn’t respond to calls or texts. This happened twice; the second time you decided that it’s time to get a new attorney. You want to file a legal malpractice case for all the stress you’ve been put through.
Ready to prove that legal malpractice took place? To do so, you’ll need some significant documentation.
You need to show that you hired the attorney and have a contract. You have to prove that they owed a duty to you. You also need to show that the attorney made a mistake or acted carelessly in a way that led to your injury, harm and financial losses.
Here’s an example. If you are trying to file a personal injury claim but your attorney files the documentation in the wrong state, then your claim could pend for quite a while before being rejected. At that point, if you have missed the statute of limitations, you may not be able to refile.
Similarly, if your attorney represents you in court but forgets an important law or rule that would have resulted in a better outcome, there is a potential to show that their carelessness or mistakes led to the loss of your case or a poor outcome overall.
To prove legal malpractice, you’re going to need documentation. Try to collect any evidence of wrongdoing or mistakes that you can, from apologies from your attorney to recordings from court. An experienced advocate can help you better determine if you have a viable claim.