Legal Malpractice Claims
If you believe your current lawyer has acted negligently with your case, it may be a smart decision to talk to a legal malpractice lawyer Delray Beach FL has to offer. The Law Office of Eric H. Luckman, P.A. understands how difficult it is to realize your lawyer is not on your side or is not able to serve your needs. You may wonder what you can do to overcome such a challenging obstacle and get your case back on the right track. Regardless of what type of case you are fighting, a Delray Beach legal malpractice lawyer, such as Eric H. Luckman, may help you to overcome this hurdle in an effective and timely manner.
Understanding Legal Malpractice
Legal malpractice happens when your current lawyer (not the opposing lawyer) fails to adhere to their legal responsibilities, or fails to perform as another lawyer would do under the same or similar circumstances. As a result, this failure leads to economic damages that otherwise would have not occurred. In order to prove causation, a legal malpractice lawyer Delray Beach FL provides must be able to prove what the outcome of a case would likely have been had it been handled in the right way. This action is called a “case within a case.”
How a Legal Malpractice Lawyer Delray Beach FL Trusts Builds a Case
If your lawyer has violated any of the following legal practices or rules, you may be able to file a legal malpractice claim.
- Fail to know or apply the laws
- Planning errors
- Improper investigation or review of evidence
- Failure to obtain client consent
- Conflict of interest
- Failing to follow instructions
- Malicious prosecution
- Error in record searches
- Clerical error
- Failure to file documentation by the right deadline
- Failure to show up to scheduled appointments, meetings, or hearings
- Libel or slander
- Civil rights violation
- Error in math or important numerical values
- Losing files or documentation
- Poor communication
- Work delegated to another employee or outsider
To win your case, a legal malpractice lawyer Delray Beach FL respects typically has to show the following elements:
- The lawyer had a duty to provide skillful, competent legal representation
- The lawyer breached this duty through careless, negligent actions
- The lawyer’s breach caused injury or harm which can include financial burdens and emotional anguish
If you think you have a case, please contact a legal malpractice lawyer in Delray Beach FL, such as the Law Office of The Law Office of Eric H. Luckman, P.A.
Proving legal malpractice can be a tedious, challenging task. Apart from proving the aforementioned elements, a legal malpractice lawyer Delray Beach FL can provide must be able to clearly show the courts that your case would have prevailed if your lawyer abided by the Rules of Professional Conduct. More importantly, any evidence of such violations may not actually be considered a violation. For instance, two lawyers who are friends outside of work might handle a case in which they are on opposite sides. This might not be considered a conflict of interest. Due to the intricacies of such claims, it’s advisable to speak with a legal malpractice lawyer as soon as possible.
Examples of Legal Malpractice
A lawyer is supposed to be your trusted legal professional. Unfortunately, the bond of trust between the client and the lawyer is sometimes broken, leaving the client feeling betrayed and financially devastated.
The following are just a few examples of mistakes made by lawyers that can give rise to a legal malpractice claim:
- The failure to file a lawsuit within the applicable statute of limitations.
- The failure to join all the appropriate parties to a lawsuit.
- The failure to properly review and prepare all documents for a real estate closing.
- The failure to protect a business from the liabilities of another business it purchases.
Recourse through the Florida Bar is limited. The Bar can discipline a lawyer for unethical conduct or malfeasance, but the Bar does not have the power to compel a lawyer to compensate the client for damages suffered.
If you believe that you have been harmed financially because of your attorney’s negligence, you may have a claim for legal malpractice. Please feel free to call me to discuss your case. The initial consultation is free and you will speak directly with me, Eric Luckman, about your claim.
Scheduling a Free Consultation With the Law Office of The Law Office of Eric H. Luckman, P.A.
When you have a legal problem, it’s crucial that you have a good lawyer. If you believe your current lawyer has acted carelessly or negligently with your case, the Law Office of The Law Office of Eric H. Luckman, P.A. would like to speak with you. For a complimentary consultation with a legal malpractice lawyer Delray Beach FL offers, please call (561) 737-3133.