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 onlineor calling (610) 550-8042.
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.
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.
How Do I Know If I Have A Valid Legal Malpractice Case?
Determining if you have a valid legal malpractice case involves understanding several key elements. First, an attorney-client relationship must be established, proving that you engaged the attorney for legal services. Next, you must demonstrate that the attorney breached their duty of care, meaning they failed to act with the skill and diligence typically expected of a competent attorney. This breach could include missing important deadlines, failing to apply the law correctly, or not adequately communicating with you.
Causation is another critical element; you need to show that the attorney’s negligence directly caused you harm. This means proving that, but for the attorney’s actions or inactions, you would have achieved a more favorable outcome in your original legal matter. Finally, identifying damages is essential. These could be financial losses, such as lost settlements, or additional legal fees incurred due to the attorney's misconduct.
Our law firm can assist you in evaluating these elements and determining the strength of your case. By reviewing the specifics of your situation, we can provide guidance on whether pursuing a legal malpractice claim is advisable. If you suspect malpractice, it's important to act promptly due to statute of limitations constraints.
To get more information about your case, contact the Philadelphia legal malpractice lawyers at Weisberg Law for a free consultation.
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.
The Importance of Timely Legal Action in Malpractice Cases
When it comes to legal malpractice, acting swiftly can significantly impact the outcome of your case. Delays in filing your claim can lead to complications that may jeopardize your chances of obtaining the compensation you deserve. Understanding the statute of limitations in Pennsylvania is crucial, as it defines the timeframe within which you must file your lawsuit.
Here are a few reasons why prompt action is essential:
- Preservation of Evidence: Key evidence can fade or be lost over time. The sooner you act, the better your chances of securing necessary documentation and witness testimonies.
- Expert Consultation: Early engagement with legal experts allows for a thorough evaluation of your case. Our experienced attorneys at Weisberg Law can provide valuable insights to strengthen your claim.
- Mitigating Damages: Taking action quickly can help mitigate any further damages that may arise from the initial malpractice, potentially increasing your compensation.
- Peace of Mind: Knowing that you are taking steps to address the issue can alleviate stress and uncertainty, allowing you to focus on your recovery.
At Weisberg Law, we understand the complexities of legal malpractice cases. Our dedicated team is ready to guide you through the process and ensure that your rights are protected. Don’t wait—contact us for a free consultation and take the first step towards justice.
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.
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.
Begin with us today by reaching out to a legal malpractice attorney in Philadelphia. Contact us onlineto schedule a free consultation to help you understand how we can support you.
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