Legal Malpractice: What You Must Prove

If you believe you were not represented properly by an attorney, a Kansas legal malpractice attorney can help determine if you may have a claim. As you can imagine, pursuing a claim against an attorney can be an uphill battle. Attorneys that may be practicing below a reasonable level of care do not want their inattention or poor skills brought to light. In addition, they do not want anything that may tarnish their reputation in the eyes of potential clients. That’s why having competent, aggressive counsel on your side is critical.

Legal malpractice attorneys have to prove that your attorney was professionally negligent. Often, this is done by hiring an expert in the field to examine the case for issues of negligence. Just as there are certain facts you must prove in a personal injury case, there are facts you must prove in a legal malpractice case. You must be able to prove that the actions of the attorney failed to meet a reasonable standard. For example, if your attorney did not ensure papers were filed with the court in time or did not have papers served within the required time period and your case was thrown out, that may be malpractice. But such a finding, alone, is not enough to make a claim. You must also prove damages as a result of their malpractice. If your case was worthless, then you do not have a claim. Your case, separate and apart from the malpractice case, must have value.

Proving an ethical violation is a separate consideration altogether. You may be able to determine your attorney violated the code of ethics even if you won your case. This might happen, for example, if your attorney didn’t provide you with the proper compensation received as part of your trial.

Legal malpractice claims are notoriously difficult to pursue, and time is of the essence. If you believe that your attorney might have committed malpractice or even breached ethical standards, contact our Kansas legal malpractice attorney today for a consultation.

Categories: Legal News