No attorney is above the law. Clients who have suffered damages as the result of negligent conduct on the part of their lawyers have a right to make claims and bring lawsuits against their lawyers. However, not every bad result in a case gives rise to a legal claim. There must be evidence that the attorney failed to carry out a duty that was a part of his representation and it also must be proved that the act or omission was the direct cause of damages to the client. This means that the underlying case, which the attorney worked on had merit or was winnable, but did not turn out favorably directly due to the negligence of the attorney.
A bad result in a case, which was capably handled by an attorney usually does not give rise to a negligence claim. No lawyer who takes a claim before a judge or jury can predict how the factfinder will view the evidence. The lawyer simply cannot guarantee the result in a case and if a lawyer makes such a promise, it is time to hire someone else.
However, there are many instances where a lawyer, even with the best intentions, makes a true mistake, which has the result of injuring or damaging a clients rights or their case or prevents them from proceeding with their case. The most common error is a missed deadline, which prevents a case from going forward. When such a mistake occurs, and if the underlying case had true merits, there is a justification to sue the lawyer for his error. Most attorneys carry malpractice insurance for this express purpose.
Attorney Keith L. Miller has represented clients who have claims against attorneys who have provided representation, but have made errors resulting in monetary damages. These mistakes typically involve attorneys who miss court filing deadlines, who fail to inform their clients of settlement offers, who prepare documents, which contain errors resulting in adverse consequences to the client, and other negligent acts, which extinguish or damage client interests. Legal malpractice cases tend to be complex as they usually require proving two cases, the case against the erring attorney and the underlying case in which the attorney made a mistake. They also require experts, who can provide opinions to corroborate the fact that mistakes have been made.
Click here to review a sampling of cases, in which Attorney Keith L. Miller has successfully represented individuals or companies with legal malpractice claims for money or other damages.
Contact Attorney Keith L. Miller today at 617-523-5803 or click here here to send an email for a free consultation about your case.