Californians trust their attorneys to help them through their trickiest legal situations. However, not every attorney will tackle the case well. Some may even perform poorly enough that their client is left questioning whether or not they have a legal malpractice case on their hands.
Malpractice is defined in the Legal Dictionary as a breach of conduct or care by a professional. In the case of legal malpractice, the one doing the breaching is the lawyer or attorney. However, in order to truly be considered legal malpractice, certain requirements need to be met.
Some legitimate reasons to claim legal malpractice include if the individual practicing law has done any of the following:
- Be dishonest
- Be incompetent
- Fail to communicate
- Fail to do the proper amount of legal work
FindLaw states that it can actually be somewhat difficult to prove that an attorney has done things that constitute legal malpractice. Not only does a client have to show that these actions took place, but they also need to prove that they were done in a way that directly resulted in a loss or hardship. As an example, if one can prove that an attorney's failure to communicate directly resulted in the loss of their case, that could be considered legal malpractice.
Due to the complexities involved in proving these matters, many individuals benefit from the aid of an attorney experienced with legal malpractice. They can help win a case by knowing the ins and outs, what to look out for, and what can be used against the attorney in question.