Legal Malpractice Explained
When it comes to hiring an attorney to help with a legal case, it is important that clients know all violations of the law that can be considered legal malpractice. This information will help them to avoid the malpractice in the first place and any chances of being victims to it at a later time. If you think you may be the victim of legal malpractice, then call a licensed Las Vegas legal malpractice attorney as soon as you are able.
Breaking it Down
There are different types of violations of the attorney-client relationship that could constitute legal malpractice. Below are some of them:
- Conflict of Interest: a conflict of interest is being unable to do your job for a number of reasons – representation by more than one client, interests of the lawyer, etc. – yet continuing to do so anyway . If you have been represented by a lawyer who had a conflict of interest with you during your case, you may be able to sue for legal malpractice.
- Breach of Fiduciary Duty: this has to do with the trust you have given your attorney and them failing to uphold it. There are many ways that they can breach their fiduciary duty, including if the attorney has been dishonest with you about their education and background or if they have omitted information that was necessary for you to know. If you have become a victim of this kind of legal malpractice, you have the law on your side to make things right.
- Negligence: there are many different kinds of negligence when a lawyer is involved, such as failing to inform the client about the law, relevance of information, and timeliness of evidence. It can also have to do with not keeping on top of their case and thing of this nature.
Common Examples of Legal Malpractice
There are multiple reason why legal malpractice happens. The most common problem arises from failure to meet a statute of limitations or to otherwise file in a timely manner. For example, if your attorney fails to appreciate the meaning of a case, and fails to file a lawsuit in a timely manner the client may be entitled to make a claim against the attorney for legal malpractice. Similarly, if the lawsuit is commenced and the outcome is less than favorable yet the attorney was not diligent in pursuing the case or in preparing the case for trial the client may have an action in legal malpractice. A breach of fiduciary duty leading to disqualification may lead to a claim for legal malpractice.
Selecting a Legal Malpractice Attorney in Las Vegas
Choosing a Legal Malpractice Attorney in Las Vegas
When seeking an attorney for legal malpractice in Las Vegas, certain factors are of utmost importance to consider. An experienced attorney should be consulted with, and potential candidates should specialize in legal malpractice. Client testimonials can sometimes be useful, but experience and specialization carry far greater weight.
Attorneys that specialize in legal malpractice must handle many legal malpractice cases, both in Las Vegas and in other jurisdictions. Although a good legal malpractice attorney in Las Vegas may be able to handle a legal malpractice case out of jurisdiction, it is always better to hire a local attorney who is familiar with laws and procedure applicable to legal malpractice suits in other areas. For this reason, many individuals just choose a Las Vegas legal malpractice attorney, regardless of where the alleged legal malpractice occurred. This may not be the best choice, however. You must weigh your options carefully, to determine whether the skill and availability of the legal malpractice attorney in Las Vegas outweigh the potential disadvantages of having an attorney from Las Vegas handle a legal malpractice case that emanated from outside of that jurisdiction.
Like any other attorney, one must research a potential attorney to get a good feel as to the attorney’s experience and abilities. Recommendations from friends, family, and colleagues are a great way to inherit quality representation, but recommendations from acquaintances can still be helpful. Either way, check律师评级, reviews, and comparable information to find a suitable attorney.
Fee structure also comes into play. Typically, a legal malpractice attorney in Las Vegas will charge a fee structure that mimics the fee structure of the previous attorney. Keep in mind, however, that legal malpractice suits tend to have a shorter statute of limitations than most personal injury cases. Thus, it is vital in legal malpractice suits to act quickly, and all qualifying elements of a case must be strictly followed by the legal malpractice attorney. These factors can have a great impact on the attorney fee structure.
The Advantages of a Local Lawyer
When finding a legal malpractice attorney in Las Vegas, you don’t just want someone who is experienced and reputable. You want someone who knows Las Vegas law inside and out. You want someone who knows how Nevada courts function, and what they expect when it comes to submitting paperwork and arguments.
In most cases, the best way to get this knowledge is to find a local attorney. While many legal malpractice cases can be filed under federal diversity jurisdiction, which means that the attorney who files the suit doesn’t have to be from the same district, you will have plenty of advantage by working with an attorney from your area whose sole practice focuses on cases like yours.
You may not think it matters for legal malpractice, but it does. Legal malpractice lawyers have worked with all manner of judges, have plenty of experience with the local rules and know how to get results when suing a lawyer. You’ll likely incur local filing fees regardless of where you file the case, and there is nowhere else you need to be than right here.
What to Do if You Think You’ve Been a Victim
But, what happens if you suspect the lawyer is not performing up to par, or has caused you actual damage? Shouldn’t something be done before you lose your case to legal malpractice? Yes. At this point, it becomes "case management" – and what a client should do depends on the nature of the damage.
Gathering Evidence
How does one gather evidence of malpractice? Most times, the client is sitting in the dark, without any documents as to how the case was supposed to go, without knowing if the complaint was filed – just seeing a clock ticking away. Besides telling the lawyer that you don’t think they are performing correctly, the first contact in a legal malpractice case should be the Legal Malpractice attorney. For one thing, you know if the lawyer is doing his job, by that particular attorney’s standards . For another, a letter will go out documenting the problem. Lastly, the ability of that attorney to get into your lawyer’s books may be invaluable to resolve the case without litigation.
Finding a New Attorney
The next step is finding a new attorney (or asking a bar association for help, as Nevada has a pro bono clearinghouse). In Nevada the Pro Bono Project is probably an answer, on the Civil Legal Representation panel. But in this age of the Internet, there are many fine directories of lawyers, such as Lawyer Legion. The best option is to find a local legal malpractice attorney, since they would have the most familiarity with the local courts and timeframes. For instance, in a prescribed list, we know the judges involved in documents needed. We know how long certain motions take, etc. That is invaluable.
The Process for Making a Legal Malpractice Claim
In Las Vegas, the process of filing a legal malpractice claim typically begins with an initial consultation with a legal malpractice attorney. During this meeting, the attorney will review the facts of your case and determine whether there is a viable legal malpractice claim. If so, the attorney will explain the next steps in the process.
Once the client agrees to move forward, the attorney will file a complaint outlining the facts of the case, the legal basis for the claim, and the damages incurred by the client. The defendant attorney will have 30 days to respond to the complaint. After a response has been filed, both parties will engage in the discovery process, during which they will request and exchange information relevant to the case. This process can take several months, depending on the complexity of the case and the amount of discovery needed.
Once discovery is complete, the parties will move into the pre-trial phase, during which they will attempt to resolve the matter through settlement negotiations. If a resolution cannot be reached, the case will proceed to trial. In Las Vegas, legal malpractice claims are usually handled in the Eighth Judicial District Court, which is the main court for civil cases in Clark County.
During the trial, both parties will present evidence and witnesses to support their case. A judge or jury will then decide the outcome of the case, which could result in a verdict that requires the defendant attorney to pay monetary damages to the plaintiff. If either party is not satisfied with the outcome, they can appeal the decision to a higher court.
Overall, the process of filing a legal malpractice claim in Las Vegas can be complex and time-consuming. It is important to work with an experienced legal malpractice attorney, who can guide you through each step of the process and provide you with knowledgeable representation.
What to Ask a Potential Attorney
The following points and questions should be considered during any consultation with a potential legal malpractice attorney:
Will you be represented by the attorney you meet with? Many attorneys will simply hand you off to another attorney in the firm and will not be involved heavily with the case. Make sure you know who your lead contact will be.
How much experience does the legal malpractice attorney have? Ask the prospective attorney how long they have been practicing. You might also ask how many legal malpractice cases the attorney has handled.
How did the attorney become involved in legal malpractice cases? Some attorneys grew tired of working long hours for clients that did not appreciate the service provided . Others may have exaggerated their work in other areas of the law, while some may simply have had a bad experience with another lawyer.
What will the retainer be for legal fees and how are payments handled? After an initial consultation with the prospective legal malpractice attorney, you and the attorney should discuss payment. The attorney should advise you of applicable hourly rates and/or retainer fees and explain how costs will be handled. A large percentage of legal malpractice claims are due to fee disputes. Make sure you understand what you are paying and for what services, and make sure the lawyer understands how and when they will be paid. This can help avoid fee disputes down the road and help make sure that both parties’ interests are served.