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When your attorney’s negligence, incompetence or misconduct hurts your case, you might be able to recover some of the damages by filing a legal malpractice claim. And if you need to go this route, you don’t want to harm your case with additional mistakes. To do things...
Often, a person’s first encounter with an attorney tends to be a stressful occasion. It’s all about getting through a tough, critical moment. A criminal case. Divorce. Bankruptcy. Or a complex, nervy business matter. You want the matter to proceed smoothly and end...
When you work with an attorney, that attorney is supposed to be your advocate. Your ally. It’s not just good business for your attorney to represent your interests; it’s the law. And there are consequences when your attorney simply turns his or her back on you and...
There’s always risk in business, especially anytime you hope to try something new or ambitious. This is why you perform your due diligence when you tackle a big endeavor, like a merger or acquisition. And it’s why you assemble an experienced team. A good team can...
When an attorney fails to represent a client with reasonable care, loyalty and skill, that attorney may commit legal malpractice. But proving legal malpractice can be tricky. The definition of what is “reasonable” for an attorney to do often hinges on uncommon...
Typically, only someone directly harmed by an attorney’s actions can sue that attorney for legal malpractice. But there are exceptions. As noted on the Orange County Bar Association website, attorneys owe their clients certain duties. These include competent...
Lawyers deal with many clients at once. While it is their job to remain loyal to each, yours may work with a client who could jeopardize your case. If your attorney fails to disclose a conflict of interest, it is important to know if their actions meet the threshold...
The courts and the justice system are based on the idea that justice should be fair and even-handed. It should be based on the facts of the case, not on some lawyer’s personal or professional ambitions. That was the argument a California professor recently made when...
You may or may not know it, but your attorney has a fiduciary duty to you. From the moment he or she first takes your advance until the moment you part ways, your attorney owes you a clear accounting of your funds. Lawyers who treat your money like their own often...
Like all human beings, lawyers make mistakes, but sometimes those errors result in consequences. In the end, each legal malpractice claim is decided based on its own set of circumstances. By definition, legal malpractice occurs when a lawyer fails to meet the...