As a resident of California who is currently in the middle of a legal battle, the last thing you want is an attorney on your side who doesn't seem capable or willing to do their job. However, how can you tell if something is a genuine mistake, or if legal malpractice is involved?
FindLaw takes a look at just what makes up legal malpractice cases. Though it is defined as a situation in which a legal representative has not fulfilled their duty by providing you with adequate representation, it can actually be quite difficult to prove that this has occurred. There are four primary elements you need to prove. This includes:
- That the lawyer owed you a duty to represent you competently
- That careless actions, mistakes, or malicious intent led to them breaching this duty
- That the breach caused you harm
- That the harm resulted in financial loss
As you can probably tell, being able to prove all of these can actually be a difficult thing to do. While you may be able to easily show that your lawyer owed you a duty to represent you well, you may have trouble showing that the duty was breached. You may have trouble tying your harm directly to the breach, or proving financial loss.
This is why many people in your situation will seek attorneys who are well-versed in matters of legal malpractice. They will be able to identify the tactics being used and can fight against them accurately to get you the compensation you deserve.