What is legal malpractice? How do I know if I have a legal malpractice case?
Simply put, legal malpractice occurs when an attorney handles a case improperly or with intent to harm and cause damages to a client. Legal malpractice includes negligence, breach of fiduciary duty, and breach of contract.
Exact definitions vary from jurisdiction to jurisdiction, but you generally need to prove four elements in order to successfully pursue a legal malpractice claim:
- The existence of an attorney-client relationship, creating a duty on the part of the attorney;
- a breach of that duty;
- injury or harm caused by the breach of duty; and
- significant financial loss or damages due to the injury or harm.
A successful legal malpractice case must prove that the attorney’s actions were the result of errors that no reasonable or prudent attorney would make. Furthermore, legal malpractice requires proof of what would have happened had the attorney not been negligent. It must be clear that the injured party would have prevailed in their case had the attorney done his or her job.
Questions about a possible legal malpractice case? Call us toll-free at 1-888-4GARYGREEN or email ggreen@gGreen.com.