In the event a lawyer breaches his or her contract or fails to provide a high standard of legal service, the offending lawyer can be sued for legal malpractice. A legal malpractice lawsuit will generally be brought against the erring lawyer by the client that has reason to believe that the lawyer was negligent or reneged on their contract to provide legal services. Texas malpractice lawyers are those that focus their legal practice on this area of law, representing the plaintiff in the lawsuit.
Before accepting the case the legal malpractice attorney will study the claim in an effort to determine if a lawsuit is in order. In some cases the lawyer will find that the charge of legal malpractice is blatant and a case should be pursued, in other cases the circumstances may be somewhat more subtle and can be interpreted in more than one way. During the lawyers initial conversation with the potential client all existing documentation will be reviewed, once the lawyer has heard the clients side a decision will be made to pursue the case or not.
If the Texas malpractice lawyers take the case they file in court and begin the task of building a case which eventually will be presented to the court. The legal malpractice lawyer will gather supporting documentation which can include a contract for services, bills given to the client by the defendant lawyer, emails, letters, etc., any correspondence between the parties is important. If necessary the malpractice lawyers may offer expert testimony on specific evidence and depose witnesses.
Often the case involves accusations of professional incompetence, negligence; a breach of contract or a failure on the part of the defendant to meet acceptable standards of practice. In cases which are based on negligence or incompetence the malpractice lawyer will develop the case in such a way that it can be shown that if the defendant had been competent the case would not have resulted in a loss. In the event the client is suing based on breach of contract the malpractice lawyer will often focus on the fees that were charged, arguing that they were neither fair nor justified.
If the lawyer being sued for legal malpractice misled his or her client, then the client has every right to sue. It is the responsibility of the Texas malpractice lawyers to prove that the unsatisfactory result of the legal action was lawyer negligence.
There are numerous things that a lawyer can do which are damaging to their clients. If you believe your lawyer mishandled your case and his action resulted in a less than favorable decision you can hire Texas malpractice lawyers and sue for damages. You are invited to discuss the circumstances of your case with Kassab Law Firm.
