There are more than 1.3 million lawyers active in the United States. While this is a large number, this doesn’t mean that all of these lawyers are good choices for you. Some lawyers might do more harm than good.
This is because some lawyers are not very experienced and they may mess up your case. This may prevent you from getting the compensation you need or it may turn the case away from the result you wanted. You might be wondering, “What are my rights if my lawyer messed up my case?”
Can you sue for an attorney error? Can you get the result from the case that you were looking for? You do have rights if this happens to you.
You can get compensation after an attorney error, but you will need another lawyer to help you. Keep reading and learn more about what you should do after your attorney messes up your case.
NOTE: RHINO Lawyers handles cases involving auto accidents and personal injury claims. This article is for informational purposes only. The information contained in this article does not constitute formal legal advice and does not create an attorney/client relationship.
What Does It Mean When a Lawyer Messes up a Case?
You might have heard of medical malpractice before, but what about legal malpractice? Legal malpractice happens when a lawyer makes a terrible mistake when handling a case. This is not acceptable because lawyers need to follow strict codes and guidelines in the legal system.
Straying from those guidelines can get a lawyer into serious trouble. Doing this can also be detrimental to the lawyer’s client. Legal malpractice can have different severities.
Some lawyers may push the boundaries of what is allowed and not allowed when practicing law. This is harder to sue for, especially if they don’t technically break any rules. But if a lawyer does break a rule or several rules, they could be tried for legal malpractice.
Their license to practice law may be taken away if they are found guilty too. This prevents them from making similar mistakes in the future. But this can still be hard to prove if there is no evidence.
The Details
Legal malpractice can be intentional or unintentional. Unintentional legal malpractice may involve a lawyer making a decision without knowing that he or she is breaking a rule. These are important to consider since all lawyers will make mistakes at some point in their careers.
But some mistakes are too serious to forgive. If a lawyer’s mistake causes you to lose your case, you may be able to sue them for legal malpractice. But if the lawyer’s actions did not have such serious consequences, there may not be much that you can do.
Intentional legal malpractice is when the lawyer does something to intentionally harm your case. An example of this is when a lawyer breaks their fiduciary duty. The lawyer may not listen to your wishes regarding your case.
The lawyer may also break the confidentiality between you and them. They may not act in your best interest either. The lawyer may also fail to investigate important facts in your case or hire the wrong expert witnesses.
Working while drunk or under the influence of drugs is yet another example of negligence and malpractice. Any of these factors may allow you to sue for legal malpractice. But where should you start?
What Are My Rights if My Lawyer Ruined My Case?
You can file a lawsuit against your lawyer with the help of another lawyer. But this can be difficult. This is because legal malpractice cases are known to be lengthy and strenuous.
The first challenge is proving that the lawyer did something negligent that directly affected the outcome of your case. Some actions are obvious such as the lawyer showing up to court drunk. But other actions are harder to prove as legal malpractice and negligence.
To prove that your lawyer was negligent, you need to show that they were not keeping your best interests in mind. There also needs to be direct harm to you. If no harm to you was caused by the lawyer’s mistake, you can’t make a legal malpractice case.
This is because not all mistakes that a lawyer makes are considered negligence or malpractice. But suppose your lawyer made a mistake that caused you to lose your case. You will likely have the chance to file a legal malpractice case.
What You Need to Know
The severity of the damage is also important. If the lawyer’s mistake didn’t do much damage, you might not be able to sue them. But you should sue if your lawyer missed an important piece of information such as a statute of limitations.
Such a serious mistake may prevent you from suing someone or pursuing a case further. It is also important to ensure your case is strong. If your case doesn’t have a good foundation or much evidence to work with, you won’t win the case.
But if you have plenty of evidence to back your case up, you shouldn’t have anything to worry about. You should also ensure that you hire a good new lawyer to help you. You don’t want the same mistake to happen twice.
A good lawyer will always keep your best interests at heart and provide you with the best outcome.
All About Suing a Lawyer for Legal Malpractice
Are you wondering, “What are my rights if my attorney ruined my case?” You may have a strong case against that lawyer if you can prove that they were legally negligent.
Getting a new and reputable lawyer can help you take on this case.
This ensures that you get the justice you deserve. To learn more about legal representation, check out our team.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
