When a lawyer is suspected of professional malpractice, they may be held accountable in a court of law. Suing a lawyer for malpractice requires following certain legal processes and gathering the necessary evidence to prove the claim. It is important to be aware of one’s rights as a client and know when to take legal action against a lawyer.
First, the plaintiff must prove that an attorney-client relationship existed. This means that the lawyer was hired to provide legal services and had a contractual agreement with the client to do so. Next, the plaintiff must prove that the lawyer was negligent. This can be established by showing that the lawyer was careless, made mistakes, or failed to provide the standard of care that is expected of a lawyer.
The plaintiff must also show that the lawyer’s negligence caused damages to their case. This may include missed filing deadlines, missing a statute of limitations, failing to properly handle the case, or not properly researching and preparing the case. The damages must be quantified, which means establishing the amount of money that has been lost due to the lawyer’s negligence.
It is important to act quickly when it comes to filing a lawsuit against a lawyer. The statute of limitations is usually two years after the negligence has occurred, but this can vary by state. Be sure to consult an experienced attorney who specializes in professional malpractice.
The story of Jacob v. the Law Offices of Singh and Patel serves as a cautionary tale when it comes to suing a lawyer for malpractice. Jerry Jacob was convinced that the law firm had failed to properly handle his case and that this had caused him to lose the case. He sued for malpractice and was ultimately awarded $2.5 million in damages.
Suing a lawyer for malpractice is a difficult and lengthy process. It is important for clients to be familiar with their rights and to take legal action as soon as possible. It is also important to consult with an experienced attorney before taking any action. In the case of Jacob v. the Law Offices of Singh and Patel, the plaintiff was awarded damages for his case and an important reminder was established that lawyers must adhere to a standard of care.