Which Element of Malpractice Is Hardest to Prove?

Legal Malpractice

Proving an element of legal malpractice can be challenging, and one of the most difficult areas to prove is an attorney’s failure to act in a case. This is because it requires substantial evidence to establish that the attorney acted negligently and did not fulfill their responsibilities as outlined in their job scope.

However, the hardest in proving legal malpractice claims often lies in demonstrating that the attorney’s failures were the direct cause of the client’s damages. It is not enough to simply show that the attorney acted negligently or breached their duty of care or conduct. The plaintiff must prove that had the attorney acted appropriately, the case outcome would have been different, and the client would have been spared harm or loss.

If you or a loved one have been affected by legal malpractice, you should pursue legal malpractice claims with the assistance of the Kassab Law Firm.

Legal Malpractice Lawsuits

Legal malpractice in Texas may occur when the attorney fails to follow through with their duties, and the client suffers some harm or negative consequences. In many cases, the result is an unfavorable ruling or having their cases dismissed when there was a likelihood they would have won or stood to gain some advantages or benefits.

Legal malpractice lawsuits are tricky to prove, especially when there is a question about whether the client was actually impacted, especially if there is a question about the nature or solid presentation of the client’s case—few types of legal malpractice, including the following:

  • Overcharging for services
  • Not appearing in court
  • Misrepresentation of the law
  • Not investigating facts or evidence for the case
  • Exceeding the statute of limitations
  • Not filing the proper documents in court
  • Lack of client confidentiality
  • Conflicts of interest

When you wait to work with a negligent attorney, documentation can be lost or misplaced over time. Additionally, other witnesses may have lost memories of what happened at times when the malpractice occurred. It is always best to work quickly to ensure you get a fair ruling in your court case.

The issue lies with the ability to prove the attorney breached the standard of care or conduct in your case. This may be related to establishing or proving that they made a misstep or mistake and made no effort to correct it or acknowledge it, which caused the client to incur damage or some form of harm.

When a lawyer has been negligent by failing to provide a duty of care or conduct, you must prove they exhibited a lack of duty of care or conduct by establishing they fell below that particular standard. The attorney must have also owed the client duty of care or conduct and then breached that duty while handling the client’s case. Then, the client must prove that this breach affected them and directly caused them damage. In this case, there must be some solid form of proof that supports the claim in court.

Prove Even the Hardest Element of Legal Malpractice

Proving an element of legal malpractice takes in-depth research and skill to help victims get the resolution they need. If you or someone you love was the victim of legal malpractice, you need a solid and reputable attorney to evaluate and present your case in court. In these cases, you can count on the Kassab Law Firm to provide guidance and action for your case.

If you would like to get started, contact the office to schedule a consultation for services or fill out a contact form on website Kassab.law or TexasLegalMalpractice.com. Our legal malpractice claims attorneys can analyze your case and let you know if you are a good fit for legal services to represent you for your legal malpractice claims.