Lawyers make mistakes. Sometimes those mistakes have consequences. Ultimately, a viable legal malpractice claim will turn on the facts of the case; but here are three basic things to consider in determining if an attorney’s mistake justifies a legal malpractice lawsuit. Our Pennsylvania legal malpractice attorneys outline the three questions to consider when pursuing a legal malpractice lawsuit.
What Was the Lawyer’s Duty?
The first question is what, exactly, the lawyer agreed to do. The answer will often be found in a written agreement between the lawyer and the client. If there is no such agreement, you will need to look at the circumstances surrounding the lawyer’s representation to determine what the lawyer agreed to do. For example, if you went to a lawyer for help with a will, the lawyer’s duty would be to prepare a will that meets your needs and complies with Pennsylvania law.
Did the Lawyer Violate Their Duty?
The second question is whether the lawyer did something (or failed to do something) that violated the duty. To answer this question, you will need to compare the lawyer’s conduct to the standards of care that apply to lawyers in similar situations.
Was There Any Harm?
The third and final question is whether you were harmed due to the lawyer’s malpractice. For example, if the lawyer prepared a will for you that did not comply with Pennsylvania law, you would not have a valid claim for legal malpractice unless you were harmed in some way by the defective will.
These are just three general questions to consider in determining whether you have a viable legal malpractice claim. We encourage you to contact our office if you have specific questions about your case.
Weisberg Law Will Advocate For You
A lawyer must provide competent representation to their client. Competent representation requires the lawyer to have the skills and knowledge necessary to handle the client’s legal matter. The attorneys at Weisberg Law are here to help you. We will review your case and give you an honest assessment of your chances of success.
Begin with us today by reaching out to a legal malpractice attorney in Philadelphia. Contact us online to schedule a free consultation to help you understand how we can support you.