Legal malpractice
Legal malpractice is a serious allegation that needs to be taken seriously. While it might sound funny to hire a lawyer for legal malpractice, it is the right path to seek justice when misrepresented. Typically, a client chooses an attorney not from their previously hired firm.
The Davis Law Group was founded on the principle to represent all clients fairly in the court of law, and will work diligently to prove legal malpractice when it has occurred. It can be difficult to relive a case all over again, which we keep in mind when pursuing a malpractice case. We pride ourselves on understanding that our clients come to us at times of need and not always under positive circumstances. Our staff is dedicated to being sensitive to each situation and to manage client needs throughout the litigation process.
Unfortunately legal malpractice can happen — and we’re always here to help our clients when it does.
Types of legal malpractice
Legal malpractice is when a licensed attorney does not practice law in a way that is professional and goes against the contractual obligation between client and attorney. This could be that the lawyer was negligent, in breach of contract, or their actions went against the American Bar Association’s Rules of Professional Conduct. This is something that Davis Law Group and other reputable attorneys aren’t faced with in practice, but we do take on cases for clients who have experienced it for themselves.
Legal malpractice is a difficult claim to prosecute but it can be done. If a lawyer of yours previously breached your trust and contract, it is a good idea to pursue further legal action. Of course you’ll want to fire the attorneys who misrepresented you in a previous lawsuit before coming to us. In order to prove legal malpractice, thorough documentation and records must be in place for further investigation. Clear causation must be shown to the court that had your lawyer acted differently, the result would have positively turned out in your favor. A case is not worth pursuing unless you have experienced some of the following:
- Conflict of interest: this occurs when an attorney has conflicting interests with the client who they are representing such as adverse interests
- Fiduciary issues: if an attorney oversteps into financial situations of the client such as managing property or money not in good faith and in favor of the client’s best interests
- Neglect from an attorney: an unwillingness to cooperate with a client, act in an careless or indifferent manner, or not willing to fulfill the duties of an attorney which are covered in contracts
- Commingling lawyers: if an attorney combined funds from clients, employers, beneficiaries, or ward of their own funds
Legal malpractice is a serious matter and must be reported to the state’s disciplinary board before seeking legal action from another attorney. If a lawyer does practice legal malpractice, it will greatly affect their business and overall reputation. We will not pursue this allegation unless we believe you have a case that can win.
If you’ve been involved in legal malpractice, Davis Law Group is here to help
Our experienced legal staff has taken on legal malpractice cases over the years and knows how to best manage them. We collect all the details from the previous case to best represent every client, understanding cases usually fall on difficult times. Contact us if you’ve been involved in legal malpractice to start getting you the justice you deserve.
