When you chose your attorney, you did the work. You checked their history and saw they did wonders on other people’s cases just like yours. You saw that they had great reviews online, though you didn’t know anyone personally who had used them.
When you spoke to the attorney the first time, they seemed interested in your case, and you felt that they were invested in fighting for a positive outcome for you. They said they would take the case, and you discussed payments along with what to expect along the way.
What you didn’t expect was the absolute neglect you feel like you were subjected to. Every time you called, it was at least a week before the attorney got back to you. With time-sensitive cases like yours, that was a frustration you almost couldn’t handle. Once, you even brought up to the secretary that you needed calls back much quicker, but her indifferent attitude really frustrated you. You understood that the attorney was busy, but that didn’t mean that they could avoid your case completely.
Was what you dealt with legal malpractice?
Without all the facts, it would be hard to say. However, there are four things that need to happen to prove malpractice took place.
- First, you have to show that the attorney had an obligation to provide you with representation
- Second, you have to show that the attorney made a mistake or acted carelessly
- Third, you have to show that you were hurt in some way because of their actions
- Finally, you need to show that you suffered a financial loss
The reason for these four elements of a malpractice case is to prevent cases based on unhappiness with how the attorney worked and the outcome of your case. For example, if your attorney got back to you slowly but was able to get you an award in the end, you won’t be able to show you had a financial loss. Similarly, if you were unhappy with the representation but it was in line with what other attorneys would have done, then you won’t have a strong malpractice case.
If you believe that you have a malpractice case, you will need to speak with a new attorney about it and why you believe you do. They will be able to express their opinion on your case and if it is worth taking to court for malpractice.