No. Lawsuits for errors of law are handled by the judicial system, while lawyers` complaints are filed with the State Bar Association, the body that issues licenses to the lawyer. Complaints to a state bar may result in disciplinary action by the bar itself. A lack of efficiency in your lawyer`s strategies is usually not a reason to take legal action for error of law. However, if your lawyer has not achieved the standard level of representation accepted by unethical, illegal or otherwise negligent conduct, you may be able to take legal action for legal error. Consulting with the Atlanta Legal Error Attorney at Robbins & Associates can help you determine your best course of action. An abuse of rights cannot be invoked simply because the outcome of the case was negative for the customer. Rather, the customer must prove that he should not only have obtained a favorable judgment, but also that the judgment would also have entitled the customer to damages. In other words, the client must prove that he would have obtained damages without the negligence or misconduct of his lawyer. A client may also be able to claim the fees they paid to the lawyer as part of the legal error lawsuit. Cases of professional misconduct can be more complicated than cases of normal injuries, as the cases are directed against professionals. Unlike a car accident case, where the motorist is clearly responsible for an illegal death that occurred because the driver drove too fast or passed a red light and crashed into the victim`s vehicle, proving responsibility for professional error can be more difficult.
When is a lawyer responsible for an error of law? There are two essential components: abuse of rights is defined as any negligent or unlawful act of a lawyer that causes harm to his client. Twenty-five per cent of legal error cases occur in personal injury cases. Against a negligent lawyer, the victim brings an action for error of law in order to obtain compensation for the damage caused by the abuse of rights. It is estimated that about 35,000 people in the United States are victims of abuse of rights each year. How do you determine if an abuse of rights has caused harm? In case of abuse of rights, you must prove three things in the lawsuit in order to receive compensation for the injuries suffered. First, you need to establish the lawyer-client relationship. Most often, there is a fiduciary relationship (where a person, corporation or association holds assets for another party, often with legal authority and the obligation to make decisions on behalf of that party) between the lawyer and the client, which requires the lawyer to provide a minimum standard of service. Second, you must prove that you have suffered some harm (financial loss) as a result of the lawyer`s acts or omissions. Finally, you must prove that these damages are due to a negligent action of the lawyer.
Pete advises lawyers and law firms – and has spoken at seminars in Georgia and several other states – on ethical, risk management and E&O insurance issues. He also represents lawyers in disciplinary cases before the State Bar Association and has advised and represented lawyers and clients in fee disputes, sanctions claims and abusive litigation. He also does volunteer work through the Atlanta Volunteer Lawyers Foundation and the State Bar`s Military Legal Assistance Program. He was a member of the state bar committees, which investigated issues related to the clients` and insurance company`s attorneys` requests for legal errors. One of the following points may indicate that you have a legal error: lawyers are human beings and, like anyone else, can make mistakes. An error in itself is not a legal offence. On the contrary, a negligent act by a lawyer that weakens your case, reduces the rules or arbitration award, or causes you to lose your case may form the basis of an abuse of rights. Rochelle Walker, Legal Assistant (404) 835-0096rochelle@werdlaw.com Areas of Concentration Entertainment Law Securities Law Legal Errors If you`re reading this, chances are you`ll feel abandoned by your attorney for medical malpractice or personal injury. It`s bad enough that someone else`s negligence has seriously hurt you, affected your health and livelihood, but if you get a bad service from the person you hired to correct your situation, add an insult to the injury. Missing a submission deadline, not answering your calls, accepting a settlement amount without your permission, or misinterpreting a law are examples of legal errors. Defining the practice of the standard of care by a professional is not so easy to accomplish. An expert in the professional`s field must testify if the defendant`s conduct or actions were below the expected professional standard.
Even then, it can be difficult to prove that the defendant`s conduct caused harm to the plaintiff. In any type of malpractice proceeding, the plaintiff must prove that he or she would not have been injured or suffered harm if the alleged malpractice had not occurred. If you have suffered from negligent representation by a lawyer, click here to contact our office and speak to one of our experienced lawyers for legal errors to see if you are eligible to make a claim. Once a lawyer has been hired to represent a client, the lawyer must employ an appropriate level of expertise to pursue their client`s objectives. While a lawyer cannot guarantee a specific outcome for a client, he or she must take all foreseeable necessary steps to achieve the result that the client has communicated to him. It may happen that the lawyer and the client disagree on a particular strategy in a case. If the lawyer has exercised an honest level of reasonable professional judgment, a legal error lawsuit may not be successful. In other words, a miscarriage of justice does not necessarily entail the liability of a lawyer in the event of misconduct. However, if the lawyer has not taken reasonable steps or mishandled the matter, a complaint of wrongdoing may be filed. Best Lawyers applies a sophisticated, conscientious, rational and transparent investigation process aimed at obtaining meaningful and substantial assessments of the quality of legal services.
We have always believed that the quality of a peer-reviewed survey is directly related to the quality of the voters. To prove that your lawyer is guilty of a legal error, you must prove that you have suffered harm, such as financial loss or a false conviction, because your lawyer has deviated from accepted standards of representation. To this end, you may need to effectively “renegotiate” your case and show what would have happened if your lawyer had taken a different approach to representation. If you believe that your lawyer has been incompetent or dishonest or has not acted in your best interest, you have the right to hold them accountable. Don`t lose confidence in all lawyers just because you`ve had bad experiences with one of them. Grant Law Office`s experienced lawyers are dedicated to justice for victims of serious injury and medical malpractice, as well as related legal issues. Lawyers who lie to their clients, distort the truth to their clients, or attempt to conceal their negligence or other misconduct are also guilty of a legal error. Lawyers are required by law to act in the best interests of their clients. Failure to do so is called a breach of the duty of loyalty. Our atlanta, Georgia-based malpractice law firm is here to help those who have suffered from professional misconduct. At Finch McCranie LLP, our professional malpractice lawyers in Atlanta are here for you. If my lawyer`s tactic was a failure, do I have a case of legal error? Malpractice occurs when a professional has not applied the usual care and skills that other professionals would have applied to a similar case, problem, situation or circumstance.
If you believe you have been a victim of abuse of rights, please call us at (404) 480-9327. We handle cases of serious injury, medical malpractice and unlawful death. We`d love to talk to you and hear your story. The first requirement, the hiring of the lawyer, is not as obvious as it may seem. Sometimes hiring is completed by an explicit act, such as signing a contract to hire a lawyer to represent you. In this situation, it is clear that a mandate relationship has emerged. However, a mandate relationship may also be implied by the behavior of the parties. Often, a person may seek advice from a lawyer, for example by calling the law firm and perhaps getting advice.
If the client can prove that he had a reasonable suspicion that an attorney-client relationship arose, a claim of abuse of rights may be invoked.