Lawyers, like doctors, engineers, and everyone else, make mistakes. And like everyone else, if a lawyer makes a mistake that hurts his or her client, the lawyer should pay for the harms and losses caused. If you asked, most lawyers would agree. This is the main reason lawyers carry malpractice insurance.
Attorney malpractice can come in all shapes and sizes. Many times, the attorney’s negligence is readily apparent. For example, if an attorney misses the statute of limitations and fails to file suit within the time allowed under the law, the client’s claim is forever barred. In this situation, the legal malpractice is obvious.
Other times, however, whether or not an attorney’s conduct fell below the “standard of care” is not clear and is open to debate. In these situations it becomes necessary to hire expert witnesses (usually an attorney) to provide an opinion on whether the mistake constitutes malpractice.
Finally, once it is establish that there was malpractice, it becomes necessary to prove the damage done. Many times this is known as the “case within the case.” For example, if a lawyer misses the statute of limitations on a personal injury case, the next critical question is what was the case worth to begin with? In other words, what is the amount of damages caused by the lawyer’s mistake?
If you believe you have been the victim of legal malpractice, please contact us today. Time is of the essence and the expert attorneys at Fuicelli & Lee, P.C. are here to help.
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