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If you have a problem at work, or with someone in the neighborhood, it may get to a point when you need to seek legal help with resolving the matter. You may be completely satisfied with the conduct of the lawyer you hire, and the result that you get. But, what if this is not the case? If your lawyer’s actions have caused you to lose your case, suing for malpractice could be possible. However, it’s important to note that just because you lose your case, this does not mean your lawyer was at fault.
There are many different types of legal case that are brought before US courts, and cases are unsuccessful for all sorts of reasons, such as lack of evidence. If you think that your lawyer has contributed to the loss of your case, there are certain things you need to consider.
How do you prove that your lawyer was negligent?
If you want to sue for malpractice, you have to prove that your lawyer was negligent. This can often be difficult to do. You need to do the following.
- Prove that your lawyer had a duty of care to you.
- Prove that this duty was not fulfilled. This means that your lawyer made mistakes, or did not act as they were supposed to.
- Prove that you were financially affected by the lack of care.
- Prove that you lost out financially as a result of the issues.
Doing all of this can be harder than it might seem at first. If you cannot prove that your lawyer was negligent, that you would have otherwise won the case and that you would have been able to get compensation from the defendant, you will not be successful in suing for malpractice.
How can you tell if malpractice has occurred?
If you are thinking of suing for malpractice, you may want to get help from a Los Angeles criminal attorney. They can help you ascertain if malpractice has occurred. Here are some tips that you should find useful, in addition to seeking expert advice.
- If your lawyer is not working on your case as they should, you should try to resolve the problem as soon as possible. Doing so can help with any future malpractice action, should the problems continue.
- Just because your lawyer suggests you should settle for less than you were originally told to expect does not mean they are negligent.
- Your lawyer is permitted to socialize with an opposing lawyer, but not to discuss the case.
Proving that your lawyer was negligent can be difficult. Simply losing a case does not mean that any negligence was involved. However, if you believe that the result was adversely affected by your lawyer’s behaviour, you should seek advice about taking malpractice action, as soon as possible after you have received judgement in the case.