What To Expect From A Legal Malpractice Case

Legal MalpracticeWhile in most cases it is a lawyer suing another party, there are times when clients turn the tables and sue their own lawyer for malpractice. While these cases are extremely complex and difficult to prove and win, it is not at all impossible to do so. If you put your trust in a lawyer and are now considering a legal malpractice suit against them, here is what to expect.

Ordinary Skill and Care
If you decide to pursue a legal malpractice suit, always retain Charleston WV legal malpractice lawyers who are experienced handling these cases. To win this type of case, you must prove your attorney failed to use the ordinary skill and care expected of an attorney in a similar situation.

Proving Malpractice
For many clients, they must realize that a lawyer who loses their case has not necessarily committed malpractice. Once you have hired a malpractice law firm in Charleston such as Freeman & Chiartas, their job will be to prove your attorney violated the four basic aspects constituting malpractice, which are:
–Duty
–Breach
–Causation
–Damages
In these instances, you must prove not only that your attorney made gross errors in handling your case, but that you also would have won the case had those errors not been made. Finally, it must be proven that once you would have won the case, you would have been able to collect damages from the defendant.

Examples of Malpractice
Once you hire a malpractice law firm in Charleston, you will find there are many examples of legal malpractice. The most common include your lawyer doing no work on your case, settling a case without your consent, and misusing funds paid to them as a retainer.

If you believe you have the basis for a legal malpractice lawsuit, schedule a consultation with Charleston WV legal malpractice lawyers at Freeman & Chiartas.