Atlanta Legal Malpractice Attorney
What Is Legal Malpractice?
If you're reading this, there is a good chance that you feel that you've been let down by your attorney. Maybe you retained a lawyer to represent you in a valid lawsuit, and because the lawyer missed a filing deadline, your case is permanently barred. Perhaps, while representing you, your lawyer committed malpractice, making a very bad mistake...and then tried to cover up his malpractice. We know from experience that, unfortunately, these kinds of things happen.
When is a lawyer liable for legal malpractice? There are two essential components:
- Negligence: A failure of the attorney to exercise ordinary care, skill, and diligence under the existing circumstances; and
- Damages: Proof that the legal negligence caused harm. The damages may be the loss of a valid and valuable legal claim. The loss may be financial harm because of bad advice.
In addition to committing legal malpractice, lawyers who lie to their clients, misrepresent the truth to their clients, and seek to cover up their negligence or other wrongdoing, are also responsible for this conduct. Lawyers are legally bound to act in the best interests of their clients. In legalese, attorneys have a fiduciary duty to put the interests of their clients first. This stems from the fact that when a lawyer represents a client, he or she is in a position of absolute trust and confidence. A violation of that absolute trust or confidence is a breach of fiduciary duty for which the lawyer is responsible.
At Grant Law Office, when an attorney or a law firm commits legal malpractice or breaches their fiduciary duty, we feel strongly about standing up for the rights of the wronged client. We take our vocation seriously and consider it a personal affront when a colleague practices law negligently or - even worse - in a dishonest manner.
If you believe you've been the victim of legal malpractice, please feel free to call us at either (866) 249-5513 or (404) 995-3955. We will be happy to talk to you and listen to your story.
Damages for Legal Malpractice
Since legal malpractice claims do not involve physical injury like personal injury or medical malpractice claims, the compensation for harms suffered is financial. The law seeks to place you in the position in which you would have been, had your legal matter been handled properly. There may be additional damages for any breach of fiduciary duties, or in some cases, additional punitive damages designed to punish or deter the negligent lawyer from repeating this conduct.