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Relevant Information On Legal Malpractice Attorneys

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Legal malpractice attorneys are needed when an attorney has not rendered his or her services in a professional manner. This malpractice must also cause the client to suffer damages as a result of this malpractice.

To determine the lawyer's liability it must be established that he did not perform his duties correctly. He therefore made a mistake and this mistake cost you in some way. This cost would be termed as damages.

Once you decide to file a lawsuit it must be done within the time frame as laid down by law. "Statute of limitations" applies so it is necessary to work quickly in this regard.

Simply put, legal malpractice stands for negligence. This can include breaching of fiduciary duty, or breach of contract by the attorney and thereby causing some kind of harm to the client. Most often this harm would be monetary in nature.

Whilst poor strategy on the attorney's behalf is a consideration it is not the beginning and end of the case. It must be proven that the attorney had made mistakes that most other attorneys would not make during the normal course of business.

It must also be proven that the damage was as a direct result of this negligence. If the damage had occurred even though there would not have been negligence then there can be no action taken against the attorney.

If there is a fiduciary breach of duty this would mean that the attorney acted not in the interests of the client but in the interests of himself. This action has to be detrimental to the client. Naturally a claim would also exist if the lawyer breaches contract that has been signed with the client.

Late filing of court papers or documents is the most kind of malpractice that clients can encounter. This would mean that the client has lost cause of action and this could be costly.

Malpractice can have ghastly consequences such as, false imprisonment, and emotional distress. This is why attorneys should exercise extreme caution when working on a case for a client.

The word negligence comes from the Latin and means not to pick up. It applies mostly in legal terminology to matters of monetary compensation. These are specifically related to physical and mental injury. These injuries would not be as a result of accident.

Carelessness should not be confused as negligence. A person may be as careful as possible but still fall short of what is considered to be average care. It is the contrast to diligence it is culpable as it is not what a reasonable person would do to ensure protection for the client from obvious harm,

In civil matters an injured person needs to prove that he was damaged or hurt due to negligent behavior on the part of another person.

Cases involving negligence require that all the facts are at hand. The damages should also be calculated in real terms from your Los Angeles personal injury lawyer. The facts of the damages are not the main concern in negligence cases. Legal malpractice attorneys can play an instrumental part in the awarding of damages in malpractice suits.

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