Not Getting the Representation You Deserved? 4 Steps to Take If You Suspect Legal Malpractice

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If you're facing a legal battle and you hire an attorney, you expect them to represent you to the best of their ability. Unfortunately, there are times when attorneys don't have their clients' best interests at heart. When that happens, legal malpractice may occur. Legal malpractice can turn your world upside down, especially if it results in severe damage to your case. If you suspect that you've been the victim of legal malpractice, you need to take action as quickly as possible. Here are four steps that will help you through the process.

Understand Legal Malpractice

If you feel that your case has been damaged due to malpractice, the first thing you need to do is understand the basics of legal malpractice, including what constitutes legal malpractice. To understand this, you need to know that there are four components to this type of malpractice. They are the following:

  1. Your attorney broke a contract or agreement.
  2. Your attorney acted carelessly or negligently.
  3. Your attorney's actions caused you to suffer damages.
  4. You suffered a loss due to those actions.

If those elements pertain to your case, you may be the victim of legal malpractice.

Gather Your Documents

If you think you've been the victim of legal malpractice, you need to start gathering your documents. You'll need to be able to prove your case when you move on to the next steps in the process. Some of the documents you need to gather include correspondence between you and your attorney, correspondence from the court, and information regarding your case. Keep those documents in a secure location until they're needed.

Consult a Malpractice Attorney

If you're dealing with legal malpractice, consult with a legal malpractice attorney right away. You may be apprehensive about seeking additional legal help. However, a malpractice attorney can help you recover from the damages caused to you. When you sit down with your attorney, be sure to provide them with all the documentation you have regarding the malpractice.

File a Report with the Disciplinary Board

If you're the victim of legal malpractice, file a report with the state disciplinary board. This is particularly important if your attorney had been refusing to communicate with you or has acted against your expressed wishes. Once you file your report, your claims will be investigated by the state. In addition to helping your own case, your report may help others who have been damaged by the same attorney.

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19 April 2019

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