What Is Legal Malpractice?
A failure to provide competent representation or a breach of the lawyer-client relationship through careless or negligent conduct that causes injury to the client may constitute legal malpractice. In other words, legal malpractice occurs when a lawyer fails to exercise the requisite standard of care owed to his or her client in the course of the representation.
A legal malpractice claim is a specific type of civil claim made by an individual in response to alleged losses incurred as a result of a legal proceeding administered by a legal professional, usually an attorney.
During a legal proceeding, if the legal professional’s actions or inactions are considered irregular, unreasonable or unjustly imposed on the client, the client may sue the legal professional for malpractice.
Some cases involving legal malpractice include:
The person engaged to work on a client’s file must also be appropriately qualified , such as paralegals properly trained and licensed within their area of expertise. Making sure that the right people are aligned with the case is highly crucial in reducing errors and omissions.
Legal malpractice defines negligent acts of an accountant, attorney or other professional, by which error in performance causes damages to a client. The negligent acts may involve simple mathematics, such as the difference between income and expenditures, or an outright attorney failure, such as misinformation given to a client regarding a case, discovery or evidence.
These errors can range from the simple to the complex, and in extreme cases may border on criminal behavior, by stealing one or more hundred thousand dollars from a client who trusted the person to handle the funds. This type of theft is by far the most malicious of all legal malpractice cases.
Why You Should Hire a Legal Malpractice Attorney
Finding the Right Legal Malpractice Attorney in Arizona
When you have suffered financially because of a trusted and believed professional, you need a special kind of lawyer. A legal malpractice attorney specializes in the area of cases where clients suffer legal malpractice from attorneys. The legal profession is both a science and an art. While there are basic legal principles that govern numerous areas of the law, the rules governing lawyers are not as black and white. Legal errors are subject to interpretation by a judge, a jury or, more often than not, an appeals court. This means that it is difficult to know whether you have a right to recover for your lawyer’s misconduct until you consult with a qualified legal malpractice attorney. Your attorney will be able to determine whether there was an error in your case.
A legal malpractice attorney has experience with many types of cases involving a wide range of legal issues. Your legal malpractice attorney will be able to evaluate your situation and help you understand the possible outcome of your case. They will listen to the facts and formulate a strategy should you proceed with your claim. A legal malpractice attorney will know whether legal malpractice exists and give you the legal advice you need to help you move forward with your case.
Many legal malpractice cases involve negligence, where one attorney represents a client and that client relies on the information or advice provided by that attorney. In a legal malpractice case, it is possible for a legal assistant to be part of the suit and that is why having a specialized attorney is important.
Should you proceed with your claim, a legal malpractice attorney will continue to represent you, handling all communications with opposing counsel so you do not have to deal with the stress of the process.
What to Look for in a Legal Malpractice Attorney in Arizona
When faced with the challenging task of finding a legal malpractice attorney in Arizona, understanding what to look for can make all the difference. First and foremost, experience is vital. Selecting an attorney who has a background in both law and psychology is essential as the two elements work together to create a reliable and trustworthy level of expertise in the circumstances that surround a legal malpractice case. Another important quality of a legal malpractice attorney in Arizona is their level of success with past cases. In order to find out as much as possible about an attorney’s previous experience, it’s important to look at client testimonials. By reading through past client reviews and asking for references, a potential client can learn a lot about a particular attorney’s level of expertise and customer service skills. When it comes to credentials, it’s important to know that not all legal malpractice attorneys must be certified malpractice specialists. Instead, they need to be competent and knowledgeable with a high level of experience in representing clients both in mediation and through trial proceedings. No matter what type of legal malpractice case a client is facing, it’s essential to have an attorney who is willing to advocate for their client. In some instances, attorneys join forces to handle legal malpractice cases. Be sure your attorney is an experienced litigator. This will help ensure a solid outcome for your case.
A Guide to Filing a Legal Malpractice Claim in Arizona
To file a legal malpractice claim in Arizona, you must first meet with and retain an attorney.
Statute of Limitations
In Arizona, personal injury claims must be filed within two years of the alleged negligent incident. This incident could involve any act of negligence or omission involving a legal professional that causes you some form of financial or personal injury.
Necessary Documentation
Your legal malpractice attorney will ask you for important pieces of information to begin the investigation process into your legal malpractice claim. You should prepare and review this information prior to the meeting: Other information may be required later on, but these pieces of information will help confirm that a legal malpractice situation exists and give your attorney the tools necessary to take the next steps .
Legal Hurdles
In some cases, it may be necessary to have your claim evaluated by another attorney prior to filing suit. The reason for this is that some legal malpractice claims have a limit on recovery known as "damages." Your attorney will advise you about any limits on damages prior to proceeding forward. There may be concerns about liability and damages that are difficult to determine based on the information reviewed by your attorney. If there are any questions about whether you have a case, you can provide all available documentation to your attorney and wait for their evaluation in order to determine if you have a legal malpractice claim worth pursuing.
Common Issues Related to Legal Malpractice
Understanding the common challenges and pitfalls in legal malpractice cases is essential for a successful outcome. An experienced Arizona legal malpractice attorney can help clients anticipate and avoid these issues, ensuring a better chance of achieving a favorable resolution.
One of the most common pitfalls in a legal malpractice case is the statute of limitations. If a client waits too long to file a claim, their case will be dismissed, regardless of its merits. Generally, in Arizona, the statute of limitations for a legal malpractice claim is two years. However, there are exceptions to this rule, so it is crucial to consult an attorney as soon as possible. Retaining a legal malpractice attorney promptly helps to ensure that all deadlines are met and that the client’s rights are fully protected.
Another common challenge involves proving that the malpractice caused the client to suffer harm. In many cases, clients believe that their case was stronger before their attorney mishandled it. However, in order to prevail in a legal malpractice case, clients must demonstrate that they would have won their case if their attorney hadn’t been negligent. This typically requires expert testimony from another attorney, which can be costly and time-consuming.
Additionally, conflicts of interest can pose a challenge in legal malpractice cases. If an attorney is representing multiple clients with conflicting interests, they may not be able to provide the necessary zealous representation that is required for a legal malpractice claim. In such cases, a client may need to find a new attorney to represent them in their legal malpractice claim against their former attorney.
Finally, proving damages can also be a challenge in legal malpractice cases. A plaintiff must show the extent of their harm, which can be difficult, especially in complex cases. An experienced Arizona legal malpractice attorney can help clients prepare a strong case for damages, ensuring that they receive the compensation to which they are entitled.
In conclusion, common challenges in legal malpractice cases include the statute of limitations, proving causation, conflicts of interest, and proving damages. An experienced attorney can help clients avoid common mistakes and mitigate these issues, improving their chances for a successful outcome. By understanding the intricacies of legal malpractice cases, clients can better navigate the process and achieve the justice they deserve.
Legal Malpractice in Arizona – Frequently Asked Questions
What exactly is legal malpractice?
Legal malpractice is a subset of professional malpractice, which includes such professions as medical malpractice. Essentially, it applies when a lawyer fails to provide adequate services to a client and that failure leads to significant damages for the client.
How much does a legal malpractice attorney cost?
Most legal malpractice lawyers work on contingency, meaning you don’t pay anything unless you win your case. You should feel free to ask any prospective legal malpractice attorney about his or her fee schedule so you are not caught off-guard should you choose to hire that attorney .
What do I have to prove in a legal malpractice case?
Legal malpractice law varies from state to state, but in general you must be able to establish that you suffered damages as a result of your attorney’s actions. You may also have to prove what a reasonable attorney would have done, had he or she been representing you.
Is there a statute of limitations for filing a legal malpractice case?
For most legal malpractice cases, there is a statute of limitations of two years. Once this two-year period has elapsed, it can be very difficult to prove that the statute should be extended in your case.