There are instances when individuals may feel dissatisfied with the services they receive from legal professionals. When these grievances reach a certain level, they may lead to legal malpractice claims.
However, for anyone wishing to pursue a legal malpractice claim, it is important to understand the elements that constitute it.
Attorney-client relationship
Proving legal malpractice requires showing the existence of an attorney-client relationship. There must be a clear and established connection between the two individuals. This relationship establishes the duty the attorney owes to their client and creates the basis for evaluating the attorney’s actions or inactions.
Negligence
Negligence involves the attorney’s failure to meet the standard of care expected in the profession. It involves showing the attorney’s actions, or lack thereof, deviated from what a reasonably competent attorney would have done in similar circumstances.
Causation
The harmed party must establish a direct link between the attorney’s negligence and the damages they incurred. This involves demonstrating that there would have been no damage without the actions of the attorney.
Damages
Damages are the client’s losses. This can include financial losses, the loss of a legal right or other adverse consequences directly resulting from the attorney’s negligence.
To have a solid case, a person must be able to prove all of these elements. Lacking the ability to provide evidence to show even one could make a case too weak. Therefore, it is in the best interests of the client to make sure they have all the evidence needed before filing a complaint.