Types of damages in a legal malpractice case?
Schwartz & Ponterio » Legal Malpractice
by rajayogan.s@thomsonreuters.com
5d ago
Your attorney is legally obligated to provide their professional services with the level of skill and care that a reasonably competent attorney would in a similar situation. You may be entitled to compensation if they fail to do this and you suffer harm or losses. It could be a case of negligence by your attorney, conflict of interest, failure to file or even fraud and misrepresentation. Understanding how much you can recover is essential when seeking compensation for legal malpractice. The types of damages you can recover You can recover a range of damages as a victim of legal malpractice. Fi ..read more
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Pursuing legal malpractice recourse: Social media considerations
Schwartz & Ponterio » Legal Malpractice
by rajayogan.s@thomsonreuters.com
3w ago
When people suspect they have been victims of legal malpractice, social media can play a multifaceted role as they seek recourse and attempt to hold a lawyer accountable for their harm. With that said, leveraging social media in such sensitive matters requires careful consideration of its impact, potential benefits and significant drawbacks. A thoughtful approach can help plaintiffs pursue their goals. If a mistreated client’s approach is not well thought out, however, negative unintended consequences could result. Raising awareness Social media can be a powerful tool to raise awareness about ..read more
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When your case is derailed due to your attorney’s negligence
Schwartz & Ponterio » Legal Malpractice
by rajayogan.s@thomsonreuters.com
1M ago
Your lawyer is supposed to champion your legal rights, guiding you through the justice system. What happens when they make a critical mistake, jeopardizing your case? Legal malpractice can leave you feeling frustrated, helpless and financially worse off. Legal malpractice is not simply about losing a case. Lawyers are held to a professional standard of care, meaning they must possess the skills and knowledge a competent attorney in their field would have and must exercise those virtues accordingly. Breaching this standard and causing you harm can be grounds for a legal malpractice claim. When ..read more
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3 types of mistakes that competent lawyers shouldn’t make
Schwartz & Ponterio » Legal Malpractice
by rajayogan.s@thomsonreuters.com
1M ago
People embroiled in a civil dispute or facing criminal charges hire lawyers for a reason. The average person does not understand the law. People often struggle to remain calm and rational when dealing with issues that could cause financial hardship or lead to their conviction for a criminal offense. An attorney can give someone crucial information about state law. They can also serve as a calm, rational advocate during negotiations or court proceedings. People entrust their legal and financial futures to the lawyers representing them during times of conflict. Unfortunately, not all lawyers off ..read more
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Initial consultations and legal malpractice
Schwartz & Ponterio » Legal Malpractice
by rajayogan.s@thomsonreuters.com
1M ago
You can have a bad experience with an attorney at any stage of the representation process. However, they must have a duty toward you for a case to constitute legal malpractice. What if an attorney failed to act in your best interest when you first met them? Can you file a claim against them? Lawyers typically offer free initial consultations or charge reduced rates to learn more about a client’s case and, in turn, determine if they can represent the client and the best way to approach their case. During this kind of meeting, you are an unrepresented person. However, a lawyer needs to make this ..read more
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A conflict of interest could lead to malpractice
Schwartz & Ponterio » Legal Malpractice
by soham.amiyaroydastidar@thomsonreuters.com
2M ago
Ideally, if you hire a lawyer, they should not have any conflicts of interest. These are factors that may call their legal capabilities into question because they will have a direct personal interest in something that may not be in your best interests. Your legal team should always put you first, and it could be an example of malpractice if they do not. But what is a conflict of interest? It can take many different forms. Let’s take a look at two examples below. Representing other clients First and foremost, an attorney should not take two client cases in which clients would have interests tha ..read more
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Could a missed deadline be legal malpractice?
Schwartz & Ponterio » Legal Malpractice
by rajayogan.s@thomsonreuters.com
2M ago
Medical malpractice happens when a doctor acts below the standard of care that their clients should receive. As a result, a patient may suffer harm. Likewise, attorneys can act in a way that affects a client’s case, which may lead to legal malpractice. Legal malpractice doesn’t just happen because an attorney lost a case for their client, causing them to be upset. An attorney may have done everything they could for a client and still lose a case. Legal malpractice happens when an attorney doesn’t take the necessary steps to help a client. One example of legal malpractice happens when an attorn ..read more
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Can a “pro bono” attorney be guilty of malpractice?
Schwartz & Ponterio » Legal Malpractice
by rajayogan.s@thomsonreuters.com
3M ago
Most people are familiar with the term “pro bono.” It means “for good” in Latin. When attorneys do pro bono work, they don’t charge their clients for their services. A client may have to pay other fees associated with whatever kind of legal matter they’re dealing with, but they don’t pay their attorney a fee for their services or advice. Oftentimes, a law firm will devote its pro bono services to one particular type of law – like immigration, helping small business start-ups, disability rights work, assisting victims of domestic violence or helping people who can’t afford to hire criminal defe ..read more
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Legal malpractice: Fraudulent billing practices
Schwartz & Ponterio » Legal Malpractice
by rajayogan.s@thomsonreuters.com
3M ago
Legal malpractice occurs when a legal professional fails to provide competent and professional service, harming the client. Among the various forms of malpractice, fraudulent billing is particularly insidious, as it directly impacts the financial aspect of the attorney-client relationship. Fraudulent billing practices in the legal industry can manifest in several ways. These include charging for hours not worked, billing for unnecessary tasks or inflating the time spent on specific tasks. This type of malpractice breaches the trust between the client and their legal service provider and violat ..read more
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Did your attorney fail to keep you informed?
Schwartz & Ponterio » Legal Malpractice
by rajayogan.s@thomsonreuters.com
3M ago
When it comes to legal representation, effective communication between an attorney and their client is not just beneficial, it’s a legal and ethical necessity. When this communication breaks down, particularly if an attorney fails to keep their client informed, it can lead to a host of problems, including mistrust, poor decision-making and even legal repercussions. If you’re wondering whether your attorney failed in their legal duty to keep you informed – giving you grounds to pursue legal action if this failure caused you harm – it’s important to seek personalized legal guidance accordingly ..read more
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