Menu
Legal malpractice is something that lawyers never like to talk about, but it does exist. If you have been injured as a result of attorney malpractice then you may have a basis for making a claim. The elements of a legal malpractice claim are similar to those of a medical malpractice claim.
You must prove that the conduct was substandard. In addition, you must show that substandard conduct on the attorney’s part caused injury to you. As is true in any professional liability claim, you must establish the standard of care. You must also prove a breach of the standard of care, causation, and damages.
One issue that sometimes arises in legal malpractice claims is whether or not an attorney-client relationship exists. To create that relationship, there need not be a payment of fees. It’s best for you, however, if a contract of employment with the attorney is in writing—but the agreement can be oral.
Frequently the contract is implied from the acts of the parties. It may be sufficient for a relationship to be considered established if the client sought and received advice from the attorney. Even without a formal written contract, it’s possible that email exchanges could contain evidence of an agreement between the attorney and the client.
An oral contract, in this instance, is as enforceable as a written contract. For obvious reasons, it’s better to have a fully written contract because the terms are clearer to both parties. Call or contact us for a Free Phone Consultation on your matter.
In a legal malpractice action it is necessary in most instances to retain an attorney as an expert witness. That attorney acting as an expert will testify as to the standard of care, the breach of the standard of care and what damages that breach caused.
(703) 821-3740
Brien Roche has handled malpractice from professionals in trials. See why we’re the right choice for your malpractice case in Northern Virginia.
Malpractice comes in many forms besides medical. For example, your accountant could have done your taxes incorrectly which resulted in an expensive audit. Or the nursing home could have acted negligently when administering care to a loved one. At Brien Roche Law, we handle a wide variety of malpractice cases.
When an accountant fails to provide basic standards of care, it can lead to severe losses for their clients. The basic standards of care for the accounting industry are found in:
