Many people associate the term “malpractice” with medical errors, misdiagnoses, or other health care violations. However, malpractice can also apply to services rendered by an attorney.
The Cincinnati legal malpractice lawyers at Clements, Taylor, Butkovich, & Cohen can field any questions you have about your situation. Here are some of the most common instances of legal malpractice.
– Failure to Calendar. This would mean not filing a suit or taking a particular action in time.
– Failure to Meet Deadlines. Filing paperwork with the court late could jeopardize your case as well.
– Planning Deadlines. This could include a failure to craft a competent strategy, or failing to submit copies of essential documents.
– Failure to Know the Law.
There are four things you must prove to win a legal malpractice lawsuit. These cases can be very challenging to win, as these points can be difficult to prove.
– DUTY. The attorney needs to have owed you a duty to act properly. This is fairly simple to show. If you have hired an attorney, the attorney has a duty to serve you ethically, honestly, and with the full capabilities of his or her legal abilities.
– BREACH. The attorney needs to have been negligent, or needs to have made a mistake, or has to have not done what they agreed to do for you. Any of these three actions would constitute a breach of their legal duty to you as their client.
– CAUSATION. The attorney’s breach of duty needs to have impacted you negatively with regards to finances. Their legal mistakes or negligence needs to have cost you money.
– DAMAGES. The resulting financial losses you suffered as a result of this legal negligence or legal error equate to damages, or reimbursement you are owed.