St. Denis & Davey, P.A.

Legal Malpractice Issues

These four factors can make or break your malpractice case

| May 27, 2020 | Legal Malpractice Law |

You know that your attorney didn’t handle your case correctly. You went to another afterward to discuss the situation, and they were shocked at how badly the case was handled.

Over time, you’ve thought about making a malpractice claim, but you weren’t sure how to go about it. Here is what you should know before you decide to file a claim against your past attorney for malpractice.

You’ll need evidence and to prove four basic factors

To start with, you will need evidence that the attorney was working for you and had a contract to handle your case. This establishes their duty to act properly.

Next, you need to show that they made a mistake that breached that duty. For example, the attorney was negligent and missed the court date or made a simple mistake that resulted in losing out on a settlement.

After this, you need to show causation. This is the cause for making the claim. You need to show that you were negatively impacted financially as a result of the attorney’s negligent actions.

Finally, you need to show the financial losses to the court. You can use bank account statements or other support to do so.

Doing each of these things can be tricky, which is why many people end up working with a new attorney to make their claim. A new attorney will be able to tell you where the other attorney made mistakes or acted unethically. They’ll have more inside knowledge and be able to help you support your claim against the past attorney or law firm.