What Constitutes Legal Malpractice Claims in Tennessee
May 25, 2020
When you hire a legal representative to help you win a case, you always have trust that he/she will take care of your interests. When this fails to happen, you’re left wondering who to trust. Thus, fear to take legal steps to pursue justice may become your companion. Though the process is complicated, you don’t have to let go off the person who failed to work responsibly and ethically. You only need to understand how legal negligence claims are handled. This is possible if you get a legal malpractice lawyer to handle your case.
What Constitutes Legal Malpractice?
If your former lawyer mishandled your case, and this impacted the legal outcome, malpractice lawyers in Tennessee can help. You will be able to sue your former lawyer with the help of experienced legal lawyers. Proving malpractice has never been easy. Remember, you are dealing with an individual who knows the law. That’s why it’s tough to win a malpractice case. To win the case, you need to prove three things.
- There existed an attorney-client relationship: There must be written agreement to prove that there existed a relationship. A legal relationship is the one that shows the lawyer owed you a duty of care.
- The lawyer must have breached that duty: You must have concrete evidence to prove that your lawyer failed to perform his/her responsibilities as a lawyer. For instance, your lawyer may have been unable to file your case within the statute of limitations or failed to give the right documents concerning your case.
- The conduct must have harmed you: This means that you must have suffered financial loss as a result of the negligence. For instance, your case may have hit the rocks, and you were unable to recover damages that were incurred. This can be considered a financial loss since you didn’t recover the money.
To win in a legal malpractice case, you must prove the above. If not sure of what to do, your legal malpractice lawyer will assist you.
Consequences for Legal Malpractice
If your lawyer is found guilty of legal malpractice, he/she is punished according to the details of your case. Legal malpractice cases usually carry stiff penalties. Depending on each case, a lawyer’s negligence may even be punished with restitution, sanctions, or fines. You only need to be sure to file a complaint against your lawyer within the statute of limitations. The time limit depends on which state you live in. Once your time to bring a suit has run out, you cannot file a legal malpractice case against your lawyer. Most of the lawyers want to do a great job, they may have never had an intention to engage in legal malpractice, but when it happens, you are left with no other choice other than to sue for negligence. Talk with your legal malpractice lawyer to help you determine whether your case can qualify as legal malpractice. Nonetheless, not every case has a valid malpractice claim, each case has specific factual and is dependent on its own facts. Therefore, it takes experience, lots of research, and evaluation to determine whether your lawyer committed legal malpractice.
« Back