Legal Malpractice

Philadelphia Legal Malpractice Attorneys

Can I Sue My Former Attorney for Legal Malpractice?

Lawyers are licensed professionals who are uniquely and exclusively qualified to practice law. Hiring an attorney carries with it the expectation that you are working with someone who holds themselves accountable to the standards of their profession. 

If your previous attorney made avoidable mistakes that were detrimental to your case, you may have cause for holding them liable for legal malpractice.

Each attorney at Weisberg Law is committed to holding themselves and our firm to the highest possible standards when we practice law. If an attorney you worked with before failed to do so, we can hold them accountable in a legal malpractice lawsuit. Doing so can help you recover fair and just compensation from someone who you trusted with an important legal matter.

Schedule a free initial consultation with a legal malpractice attorney in Philadelphia from Weisberg Law today by contacting us online or calling (610) 550-8042.

Why Hire Weisberg Law for Your Legal Malpractice Claim?

If you’ve already been failed by an attorney, you’re probably hesitant to hire yet another lawyer, even if it means pursuing a legal malpractice claim. However, at Weisberg Law, we pride ourselves on doing things differently.

Individuals throughout Pennsylvania and New Jersey regularly choose us because:

  • We have over 20 years of experience
  • We’ve helped thousands of clients in Philadelphia and surrounding areas
  • We offer affordable pricing and free consultations

Our Philadelphia legal malpractice attorneys understand how important each and every case is to our clients. We believe our clients deserve close communication and accessibility from those who are handling their case and strive to respond to any question within 24 hours.

What is Legal Malpractice?

In layman's terms, legal malpractice is an attorney's failure to perform their services with reasonably acceptable skill and knowledge which resulted in a poor outcome of their client's case. 

According to Pennsylvania law, the following must have occurred in order for the situation to be considered legal malpractice:

  • You and the attorney had a contract for their services
  • Your attorney failed to exercise ordinary skill and knowledge while handling your legal matter
  • Your attorney's failure caused you to suffer damages

If all three of these elements are present then you most likely have a case for legal malpractice. To get more information about your case, contact the Philadelphia legal malpractice lawyers at Weisberg Law for a free consultation.

How Can I Recognize Legal Malpractice?

An unfavorable outcome in your case isn’t a definitive feature of malpractice, but it can indicate that your attorney did something incorrectly. The legal system, however, is full of twists and turns that can blow over even the strongest cases on paper. Not even a mistake on your former attorney’s behalf may be enough to hold them accountable for malpractice unless it was avoidable and crucial to your case.

That said, there are some clear examples of what may constitute legal malpractice:

  • Failing to pursue all available causes of action in your case
  • Missing the statute of limitations or a deadline to file a client’s claim
  • Engaging in conflicts of interest, such as becoming involved in a client’s business investment
  • Failing to deliver court-ordered expert reports by stated deadlines (medical expert reports, real estate valuation report, affidavit of merit in a professional liability claim, etc.)
  • Failing to respond on time to a court-ordered deadline

Cases with these elements can be successful in a malpractice lawsuit, but no result can be guaranteed when taking legal action against someone. However, Weisberg Law is dedicated to helping our clients reach favorable results by offering services that can help them build them seek favorable outcomes and compensation for their losses.

What Should I Do If I Suspect Legal Malpractice?

If you want to hold an attorney accountable for malpractice, a Philadelphia legal malpractice lawyer from Weisberg Law can help you build a case that can prove you hired an attorney who failed to live up to their duty to you as their client. We may then be able to demonstrate that their failure was avoidable and caused you financial harm.

Steps for Filing a Legal Malpractice Claim in PA

To file a legal malpractice claim in Pennsylvania, consider the following steps: 

  • Consultation: Seek a consultation with another attorney to assess the viability of your legal malpractice claim. This consultation helps determine if there are grounds for pursuing legal action.
  • Review Applicable Laws: Understand the specific laws and regulations governing legal malpractice claims in Pennsylvania. Familiarize yourself with the Pennsylvania Rules of Civil Procedure 1042.1 to 1042.8, which outline procedures for actions against attorneys.
  • Collect Evidence: Gather all relevant evidence to support your legal malpractice claim. This may include contracts, correspondence, court documents, and any other materials that demonstrate the attorney's alleged negligence or incompetence.
  • Obtain a Certificate of Merit: In Pennsylvania, a certificate of merit is typically required to initiate a legal malpractice lawsuit. This certificate, issued by a qualified professional, attests that there is a reasonable probability that the attorney deviated from the standard of care, resulting in harm.
  • Prepare Complaint: Work with your new attorney to draft a complaint that outlines the specifics of the legal malpractice claim. The complaint should detail the attorney's alleged errors or misconduct and the resulting damages.
  • File the Lawsuit: Once the complaint is prepared, it must be filed with the appropriate court in Pennsylvania. Ensure that all necessary forms and filings are completed accurately and submitted within the specified time limits.
  • Serve the Defendant: After filing the lawsuit, the defendant attorney must be served with the legal documents in accordance with Pennsylvania's rules for service of process.
  • Proceed with Litigation: Following the initial filing and service, the legal process will continue with discovery, depositions, and potentially a trial if the case isn't settled out of court.

It's important to note that legal malpractice claims can be complex, and seeking legal representation from an experienced attorney is crucial throughout this process.

Understanding the Consequences of Legal Malpractice

Legal malpractice can have serious consequences for individuals and businesses alike. When a lawyer fails to meet the expected standard of care and their negligence results in harm or financial loss, you may have grounds for a legal malpractice claim. It is important to understand the potential consequences of legal malpractice and why it is crucial to seek experienced legal representation.

Some of the potential consequences of legal malpractice include:

  • Financial loss: Legal mistakes can result in significant financial loss, including lost opportunities, missed deadlines, and lost cases.
  • Legal complications: Inadequate representation or errors in legal strategy can lead to unnecessary legal complications, delays, or unfavorable outcomes.
  • Damage to reputation: A lawyer's negligence can damage your personal or professional reputation, causing harm that extends beyond the immediate legal issue.
  • Emotional distress: Dealing with the aftermath of legal malpractice can be emotionally distressing, causing anxiety, frustration, and a loss of trust in the legal system.

At Weisberg Law, our experienced legal malpractice lawyers understand the complexities of these cases and are dedicated to helping you maximize your legal recovery. With our expertise and commitment to our clients, we will diligently pursue your case to hold negligent attorneys accountable and seek the compensation you deserve.

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.

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