There are usually three categories of legal malpractice, but it is best to remember no two cases are the same. In general, the three kinds of legal malpractice are negligence, breach of fiduciary duty and breach of contract. To file a legal malpractice case, in some instances, the deadline may be one year.
Negligence happens if the lawyer is not very good at what they do and do not take the care that others in the same profession would take. For example: not following orders of the court, not preparing properly for trial, and missing vital deadlines, including failing to file a lawsuit within the mandatory deadlines. Legal malpractice cases often deal with lawyer negligence.
Breach of fiduciary duty happens when a lawyer has a conflict of interest that hurts a client in some manner. Beach of fiduciary duty may include, for instance, improper sexual advances, not advising a client about settlement offers, or lying about crucial case information.
Breach of contract legal malpractice lawsuits are filed against attorneys who violate terms of an agreement with a client.
To win a negligence case, plaintiffs must prove the attorney owed a duty to represent them competently, that the attorney made a mistake or breached a duty owed to the plaintiff, and/or the mistake injured the plaintiff financially.
Other methods to remedy a possible legal malpractice case may include: fee arbitration, reporting the case to the state bar association, or hiring another lawyer to fix any damage to an ongoing case.