California Attorney Malpractice Attorneys

If your personal injury case has suffered as the result of a negligent personal injury attorney, you may be able to file a legal malpractice lawsuit. The California legal malpractice attorneys at the Law Firm of Joseph H. Low, IV have extensive experience in many areas of law, including the complicated area of legal malpractice law. Our attorneys have a thorough understanding of attorney negligence and malpractice, and are available to offer free consultations to people who believe that they have been wronged by their personal injury attorney. Please contact the Law Firm of Joseph H. Low, IV today to discuss your legal malpractice case with one of our skilled attorney malpractice lawyers.

The following are some legal malpractice frequently asked questions:

What is a personal injury attorney's duty to his or her client?

In most situations of personal injury law, the client has suffered serious physical injuries and hires a lawyer to assist in recovering monetary damages and holding the negligent party responsible for the injuries that they caused. An attorney must abide by strict legal and ethical guidelines when representing clients. For the most part this refers to the attorney's fiduciary duty towards the client, which is the lawyer's responsibility to use a very high standard of care with the client and represent the client's best interest at all times. A client should be able to trust his or her lawyer and feel confident that the lawyer will put forth great effort while representing the case.

What is legal malpractice?

Legal malpractice is a situation in which a person's attorney fails to provide proper legal representation or services, at the same level as other attorneys would provide in a similar situation, resulting in damages on the client's behalf. There are many different actions which are examples of legal malpractice, such as negligence, mishandling of funds, conflict of interest, and ignoring court orders.

If my attorney did not file my complaint on time do I have a legal malpractice case?

If your attorney failed to provide the courts with important documents in a timely manner, which therefore negatively affected your case, you most likely have a legal malpractice case. As the plaintiff you will have to prove that the untimely filing of the documents harmed your case.

What are the most common types of legal negligence cases?

The three most common types of legal negligence cases in the U.S are attorney negligence, breach of contract, and breach of fiduciary duty.

Can I fire my personal injury attorney?

If you are not satisfied with the services that your personal injury lawyer has provided thus far, you may fire your attorney. It does not matter if you have a fee agreement or if your personal injury case is pending, you may get rid of your attorney at any time if you are unhappy with them. You must keep in mind that your attorney may be entitled to some amount of money from you, which was most likely outlined in the fee agreement that you and your attorney agreed upon. In addition to possibly having to pay your attorney, you may also have to receive the permission of the court before firing your lawyer.

What must be proven to have a successful outcome in my legal malpractice case?

Legal malpractice cases are complicated, which is why it is always advised that a person hire an accomplished legal malpractice lawyer, rather than trying to represent him or herself. To have a successful case outcome you, the plaintiff, must prove that (1) your attorney was negligent, (2) that negligence resulted in you sustaining damage, such as not winning your case, and (3) that the attorney's negligence and the resulting unsuccessful case outcome caused you to suffer a monetary loss.

My personal injury attorney is ignoring me and not communicating with me. Is there something I can do?

Lack of communication on a lawyer's part is a common complaint among clients involved in all types of legal matters. If your lawyer's poor communication has become a problem you may want to write them a note (kindly) expressing your frustration and let them know that you would be pleased if they would return your call, email, etc. Written requests for improved communication may be used as favorable evidence, if the case results in a legal malpractice claim against the attorney.

According to Rule 3-500 of the State Bar of California's Rules of Professional Conduct: "A member shall keep a client reasonably informed about significant developments relating to the employment or representation, including promptly complying with reasonable requests for information and copies of significant documents when necessary to keep the client so informed."

My personal injury attorney did not handle my money in the way that I had advised him to do. Does this constitute legal malpractice?

If your attorney mishandled your money, you most definitely should consult with an experienced California legal malpractice attorney and file a legal malpractice lawsuit. Even if no damage resulted from the mishandling of funds, your lawyer may be professionally disciplined for blatantly disregarding ethical and professional guidelines.

CONTACT THE RIGHT LEGAL MALPRACTICE ATTORNEY TODAY!