Understanding Legal Malpractice: Your Rights When an Attorney Fails You
Things you should know if considering a Legal Malpractice claim.
Legal malpractice is a serious issue that can have lasting consequences for clients who rely on their attorneys for proper legal representation. If a lawyer's negligence or misconduct has harmed your case, you may have grounds to file a legal malpractice claim. At Tesha Allison, P.A. (TAPA Law), we are committed to helping individuals who have been wronged by their legal representatives.
What Is Legal Malpractice?
Legal malpractice occurs when an attorney fails to meet the professional standards required by law, causing harm to a client. This negligence can take many forms, including:
- Failure to Meet Deadlines – Missing filing deadlines for important court documents can result in case dismissal or lost legal rights.
- Breach of Fiduciary Duty – Attorneys are obligated to act in their client's best interests. Conflicts of interest or self-dealing violate this duty.
- Inadequate Communication – Failing to keep a client informed about their case or not responding to inquiries can be grounds for a malpractice claim.
- Errors in Legal Strategy – Making critical mistakes in case preparation, filing incorrect documents, or failing to present key evidence can be considered negligence.
- Improper Legal Advice – Providing incorrect legal guidance that leads to a negative outcome may constitute malpractice.
- Failure to Follow Client Instructions – Lawyers must adhere to a client’s reasonable decisions regarding their case, including settlement offers and trial strategies.
Proving a Legal Malpractice Claim
To succeed in a legal malpractice case, the plaintiff (the client) must prove the following elements:
- Attorney-Client Relationship – You must establish that you hired the attorney and that they had a duty to provide competent legal services.
- Negligence or Breach of Duty – The lawyer must have made an error that a reasonably competent attorney would not have made.
- Causation – You must demonstrate that the attorney’s negligence directly led to harm or financial loss.
- Damages – You need to show that you suffered actual harm, such as losing a lawsuit or incurring financial losses due to the lawyer's mistake.
Common Examples of Legal Malpractice Cases
Legal malpractice can occur in various practice areas, including personal injury, family law, real estate, and business litigation. Common examples include:
- A personal injury attorney missing the statute of limitations, barring a client from recovering compensation.
- A divorce lawyer failing to properly value and divide marital assets, resulting in financial loss to a client.
- A business attorney failing to draft an enforceable contract, leading to a costly dispute.
What to Do If You Suspect Legal Malpractice
If you believe your attorney has mishandled your case, take the following steps:
- Document Everything – Keep records of all communications, legal documents, and financial transactions related to your case.
- Consult Another Attorney – Seek legal advice from a malpractice attorney to evaluate your case.
- Act Quickly – Legal malpractice claims are subject to strict deadlines (statutes of limitations), so do not delay in seeking justice.
How TAPA Law Can Help You
At Tesha Allison, P.A., we understand the impact of legal malpractice and are dedicated to holding negligent attorneys accountable. Our experienced team will review your case, advise you on the best course of action, and fight for the compensation you deserve.
Contact Us Today
If you suspect legal malpractice, don't wait. Contact TAPA Law for a consultation to discuss your case.
