Chicago Legal Malpractice Attorneys
When you hire an attorney, you’re placing a lot of trust in them. You trust that they will do their best to represent you successfully, for example, and that they’re telling you the truth about your case. You also trust them to be knowledgeable about your case and willing to work hard in order to ensure you receive the compensation to which you’re entitled.
Unfortunately, not all lawyers are created equal, and sometimes mistakes (either willful or accidental) are made. These mistakes have the potential to impact the rest of your life, and can cost you the recovery that you deserve. If you’ve been misrepresented or represented poorly by an attorney, you do have recourse. You can sue your former attorney for legal malpractice, and hopefully walk away with adequate compensation for your time, frustration, and stress.
Before you Sue
Legal malpractice suits can be difficult to prove, so you want to make sure that you’ve done your research when it comes to whether or not you want to bring a suit against your former attorney. If you believe that they didn’t do the things they said they would, for example, you can always try to dispute the fees or take advantage of fee arbitration.
If the case in question is still ongoing when you realize that your current lawyer is not doing as well as you had hoped, you can hire a new lawyer to repair any damage done to your case and represent you for the rest of the duration of the suit. You can also attempt to report ethics violations to the state bar association.
Sometimes, however, you’ll find yourself at a stalemate. Despite your best attempts, you’re just not getting anywhere with the lawyer you believe to have presented you poorly. This might mean that you’re paying a hefty legal bill for services not rendered, or that you’ve missed out on compensation you deserve. If this is the case, then it’s time to consider hiring an attorney to help you file a legal malpractice suit.
What is a legal malpractice suit?
Legal malpractice suits tend to fall under three particular categories:
• Breach of contract
• Breach of fiduciary duty
• Negligence
What do each of these means? Well, let’s take a look at some examples.
If your lawyer ends up having a conflict of interest in your case that ultimately does you harm in some way, then they might have breached fiduciary duty. This includes situations where the lawyer is representing clients to your disadvantage, make inappropriate sexual advances to you, lie to you about your case, or fail to notify you of settlement offers.
If your lawyer violates the terms of their agreement with you, then they might have breached your contract. This includes things like failing to file for an action after promising they would do so or not conducting the research they said they would do in order to best represent you.
If your lawyer fails to utilize skills and proper care typically expected of a qualified attorney, then your case might fall under the negligence category. There are a number of examples that fit this rule. If your attorney fails to file your lawsuit before the statute of limitations runs out, then you might have a case for negligence. If they miss important deadlines or fail to prepare for trial properly, including not correctly following court orders, then you might also be looking at a negligence suit.
As you can see, the situations under those three categories run the gamut of potential offenses. The bottom line is that your malpractice case will likely belong to one of the categories given, and you should do your research to determine whether or not you believe you have a valid claim. You can also contact lawyers experienced in handling legal malpractice cases to obtain their opinion about the viability of your case.
How do you prove a legal malpractice case?
To prove a legal malpractice case, you must be able to prove that your lawyer not only owed a duty to represent you, but that they made mistakes or acted in ways that actively breached that duty. You must also be able to prove that their actions were the reason you lost your case, and therefore financially harmed you.
Keep in mind that the statute of limitations on legal malpractice suits can often be quite short (as little as one year). You should act as quickly as possible in order to successfully hire an attorney to help you repair the damage done.
Contact Us
Kosin Law Office Ltd. can help you in your legal malpractice case. We have the experience to skillfully represent your case as well as the passion to make your next experience with lawyers a great one. Contact us today and explore your options.
Contact us today and let our knowledge and experience work for you. We provide personal attention and offer free and confidential consultations.