Founding Partner
Legal malpractice occurs when an attorney provides legal services or representation that fails to comply with the applicable standard of care in the client’s case. Legal malpractice can take several forms, including breach of contract (fee agreement), negligent representation, breach of fiduciary duties, or violation of the rules of professional conduct governing attorneys. A client must establish several elements in a legal malpractice claim, including:
- Existence of an attorney-client relationship: A person cannot expect a duty of care from an attorney with whom they have not established an attorney-client relationship.
- Breach of a duty of care: The client must show how the attorney’s conduct fell outside the scope of the applicable standard of care in the client’s case.
- Causation: A client must also show how the attorney’s breach of the duty of care harmed the plaintiff’s legal or financial interests.
- Damages: Clients must present evidence sufficiently documenting the financial losses they suffered due to their attorney’s malpractice.
Common Examples of Legal Malpractice
Examples of errors or misconduct that can give rise to a legal malpractice claim include:
- Missing filing deadlines in a client’s case, which results in the dismissal of a claim under the statute of limitations or an adverse ruling on a dispositive motion
- Filing errors that lead to dismissals of clients’ claims due to procedural violations
- Misadvising clients on the law or how it applies to their case
- Inadequately communicating, including failing to update clients on their cases or not responding to client communication promptly
- Inadequately investigating and preparing a client’s case
- Representing a client under a conflict of interest, which occurs when the attorney owes a duty to another party with an adverse interest or when the attorney has interests that conflict with the client’s
- Breaching the duty of loyalty, including when an attorney benefits themselves at their client’s expense or puts another party’s interests ahead of the client’s
- Mishandling or misappropriation of client funds or assets
How to Prove a Legal Malpractice Claim
It takes considerable evidence to prove a legal malpractice claim. This evidence may include court filings in the client’s underlying case, copies of communications between the client and attorney, and records of any professional disciplinary action against the attorney relating to the client’s case. In most cases, clients must present expert testimony from another legal professional to establish the applicable standard of care in the client’s case and how their attorney’s conduct failed to meet that standard. Clients also must provide financial documents or expert testimony to evaluate the extent of their losses from their attorney’s malpractice.
What Should Clients Do If They Suspect Legal Malpractice?
If you suspect your attorney has made a negligence error or breached their fiduciary duties, you can lay the groundwork for a strong malpractice claim by:
- Gathering documentation from your case, including court records and correspondence between you and your attorney or between your attorney and the opposing party
- Seeking a second opinion from another lawyer or a legal malpractice attorney to evaluate whether your counsel’s actions may qualify as legal malpractice
- Reporting your attorney to the state bar association, which may investigate the attorney’s conduct and pursue disciplinary action if warranted
- Documenting financial losses arising from your attorney’s negligence, such as losses you could have recovered in your underlying case or additional legal expenses incurred to correct the attorney’s mistakes.
Contact a Legal Malpractice Attorney Today
If you believe your current or former attorney committed negligence while representing your interests in a legal matter, you deserve accountability and financial relief for what you’ve suffered. Let Stanfield Bechtel Law help you pursue a claim and demand justice. Contact us today for an initial consultation with a Connecticut legal malpractice attorney to discuss your options.