Legal Malpractice: What It Is and Why You Need a Lawyer
Legal malpractice generally occurs when an attorney falls below the standard of care or engages in conflicts of interest. Not securing the desired outcome in a client’s case is not considered legal malpractice. However, if the attorney failed to comply with a duty that he or she owed to their client, and that failure proximately caused damages to the client, then legal malpractice may have occurred.
Having clear and knowledgeable representation is important. The Kassab Law Firm has experienced Texas legal malpractice lawyers on hand that are ready to help you navigate a legal malpractice claim.
When Is it Legal Malpractice?
Legal malpractice may sound in negligence, in which there are four elements:
- (1) The lawyer owed a duty to the client. This element is satisfied if a client hired the lawyer.
- (2) The lawyer breaches the duty to the client. This element is satisfied if the lawyer fails to do something that the standard of care required them to do.
- (3) The breach proximately caused the client damages.
- (4) Damages actually occur.
A legal malpractice claim can also sound in breach of fiduciary duty, such as engaging in a conflict of interest by representing clients with adverse interests or the commingling of client funds.
Generally, a plaintiff must prove damages in a legal malpractice case, which are measured by the value of the underlying case. For instance, if the client’s case is lost due to the attorney’s conduct, the client would have to prove that the lawyer would have won if some kind of breach or negligence wasn’t at play.
Working with a Malpractice Law Firm in Houston Texas
While proving legal malpractice happened is difficult, attorneys at The Kassab Law Firm have the experience to help you navigate this complex side of the legal system. If you believe you have been a victim of attorney misconduct, call the attorneys at The Kassab Law Firm today.