Legal Malpractice Lawyer
Towson, MD, Legal Malpractice Lawyer
A legal malpractice case can be very complex. They require an intense amount of attention, dedication, and perseverance, which is why you should always hire a legal malpractice lawyer with experience in these type of cases.
Common Defenses Used for Legal Malpractice Cases
No two cases are alike, as a legal malpractice lawyer in Towson, MD from a law firm like Seigel & Rouhana, LLC, can explain. However, there are common defenses that can be used to build a defense for a client who believes they have been the victim of legal malpractice.
Client Attorney Relationship
This is a common scenario that often involves a lawyer representing various businesses and individuals at the same time. A lawyer might argue that he or she never represented you as an individual, but rather only your business. Likewise, a lawyer who represented a business does not always represent the employees or other associated people of that business. It may be possible that even if another entity was the client, you were the third party beneficiary and could be entitled to sue the lawyer.
Scope of Representation
The lawyer you are accusing of malpractice might argue that you didn’t hire him or her for the purpose for which you are alleging negligence. It is important that whenever you hire a lawyer, you have a written retainer drawn up. Everything in the retainer should clearly describe the tasks expected of the lawyer. Importantly, it should also be signed by the lawyer. If you have a retainer and the tasks within were not handled properly, you may have a case.
Factual Disputes
Every person will remember events differently. This is natural, but in legal malpractice suits, a lawyer might claim that certain options were discussed and approved. Again, everything you discuss and agree to should be documented and signed. Keep all of these documents for your records and be ready to show them to your legal malpractice lawyer.
Causation
This is the most used defense in legal malpractice cases, and it is difficult to prove. Causation can happen in various ways. An example might be: Your lawyer represented you for a car accident claim and did not file the suit within the statute of limitations. You will need to prove negligence on behalf of the lawyer, and also that had your lawyer filed your case in time, you would have won. Essentially a case within a case needs to be proved. If you cannot prove that you would have won, you cannot prove harm by the lawyer’s error.
Damages
This is a defense common to cases that involve losses of a business. In this situation you will need to prove that your lawyer’s negligence caused harm and not the actions of another party. This defense might also include speculation of profits, had your case worked out differently. Speculative damages are not legal; thus, evidence may need to be sourced to show that your business would have generated ‘x’ amount of profit if your lawyer had handled your case properly.
If you suspect legal malpractice occurred, it may be in your best interest to reach out to a legal malpractice defense lawyer from. A qualified legal malpractice lawyer will have the resources, experience, skill set, and drive needed to effectively build and defend your case.