Los Angeles Legal Malpractice Attorneys
When a person or company retains a lawyer or a law firm to help vindicate their rights, it is incumbent upon that lawyer to fight zealously for that client, and to act in a reasonably professional manner throughout the representation. On more occasions than should happen, Dr. Kramer has been faced with the challenge of filing a claim against another lawyer or law firm in the community for that lawyer’s failure to act appropriately when representing a client.
In the event of legal malpractice, the client is entitled to file a case to recover any financial losses that occurred as a result of that malpractice.
What is Legal Malpractice?
Legal malpractice occurs when a lawyer you hire to represent you fails to perform duties expected of them under the standards and codes of professional and ethical conduct. A lawyer does not commit legal malpractice just because a client is unhappy with the way a case went. There are specific elements required in order for a legal malpractice case to proceed, including the following:
- An attorney-client relationship between you and the lawyer
- Negligence (or a lack of skillful and competent representation)
- Causation (a link between the conduct of the lawyer and a client’s damages)
- Financial loss or other damages
These four elements need to be satisfied with either the intent to harm or with negligence on behalf of the lawyer in order to be considered legal malpractice. Some common examples of what may qualify for legal malpractice include:
- Failing to meet filing deadlines or file appropriate documents
- Failing to sue within the applicable statute of limitations
- Failing to apply the law correctly
- Failing to perform conflict checks
- Abuse of a trust account (such as commingling trust account funds with personal funds)
- Failure to respond to a client or opposing counsel
Legal malpractice cases in California are subject to very strict statutes of limitations, the length of which depends on whether your case was a civil or criminal case. If you think you are a victim of legal malpractice due to any of these things, contact a malpractice attorney who can help you understand your rights as soon as possible.
Work with a Qualified Legal Malpractice Attorney
It’s not always easy to prove legal malpractice, but by working with qualified, experience legal malpractice attorneys, you are working with people who know what to expect. If you are considering filing a legal malpractice case against a lawyer who recently represented you or your company, you can speak with an attorney at The Trial Law Offices of Bradley I. Kramer, M.D., Esq. at 310-289-2600. We are happy to provide you with a free consultation at any time.