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Legal Malpractice
Lawyers can be guilty of malpractice in a number of ways. A lawyer can
perform well below his or her capabilities due to conflict of interest
or just plain negligence. There are deadlines to be met, limitations on
how long a client has to file a claim, settling a case for less
compensation without the client's consent, and breaches of contract due
to fiduciary and consumer protection statutes. Attorneys can also harm
clients by over charging them or causing clients physical and emotional
hardship due to time and money lost.
Legal malpractice attorneys represent persons who have previously
retained lawyers as representation, and through the neglect of the
original lawyer the clients and their cases have suffered.
For a client's new attorney to win a case against the negligent
attorney, the new attorney must prove at least two things. The first
proof is that the accused lawyer in fact had a professional
relationship with the client and that there was negligence involved.
The new lawyer must prove that there was negligence and that it cost
the client The second and more difficult matter to prove is that the
client would have won the suit the previous lawyer was guilty of
neglecting.
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