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Los Angeles Legal Malpractice Attorney
The term “legal malpractice” is defined as any negligent or wrongful act that is committed by an attorney or lawyer that causes damages to his or her client.
The occurrence of legal malpractice
Legal malpractice occurs when an attorney commits any act of negligence, breech of contract, or breech of fiduciary duty while representing a client in a legal case which causes monetary damage to the client. Legal malpractice can be executed in a number of ways, the most common of which include an attorney's failure to properly and adequately pursue a client's case, secure witnesses and experts, or act before calendar deadlines and statutes of limitation.
Legal malpractice occurs when a fiduciary duty or a contractual duty is breeched. This occurs any time a legal professional fails to give the client's interests precedence over the interests of others. An attorney can also be guilty of legal malpractice when s/he forces a client to settle out of court due to their own interests or negligence.
In recently research studies, approximately 35,000 Californian become the victims of legal malpractice every year. The help of an experienced Los Angeles Legal Malpractice Attorney can help victims receive compensation for the damages they have suffered as a result of legal malpractice.
A Los Angeles Legal Malpractice Attorney has intimate knowledge of the laws that apply to a victim's case and how to utilize them in order to protect and maximize a victim's interests.
Los Angeles Legal Malpractice Attorney can help a victim to prove the facts that are necessary in order to receive compensation for the damages they have suffered.
Four matters that a Legal Malpractice Attorney must prove
here are four things that Los Angeles Legal Malpractice Attorney must prove while representing a victim in a civil legal case.
- First, a client-attorney relationship must be proven between the defendant and the plaintiff indicating that the attorney had a duty to act with reasonable care in relation to the victim's original legal case.
- Secondly, a breech of this duty must be shown to have occurred.
- Next, the Los Angeles Legal Malpractice Attorney must prove that this breech of duty caused injury to the plaintiff.
- Finally, the damages caused by the legal malpractice must be clearly shown and quantified.
How a Los Angeles Legal Malpractice Attorney chooses to pursue their client's case. It will depend on whether the defendant-attorney has legal malpractice insurance. Attorneys are not required to possess this insurance, though it is often in their best interest to secure this protection. Approximately sixty percent of all attorneys have legal malpractice insurance. Each year approximately five to six percent of all attorneys in the United States will have a malpractice claim filed against them.
When an attorney has legal malpractice insurance, this company will be involved in settlement negotiations in the legal malpractice lawsuit. This insurance company located at California State will assign a Los Angeles Legal Malpractice Attorney to represent the client who faces the malpractice allegations. They will also allocate money in the event that the attorney-defendant is found guilty of legal malpractice.
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