Have You Been Betrayed By Your Lawyer?
Legal malpractice occurs when a lawyer is negligent in providing legal representation and that negligence results in damages to a client’s case. On average, more than 30,000 people are casualties of legal malpractice every year. These numbers are on the rise with a 2011 survey on legal malpractice insurers showing that the number of claims have gone up by up to 20%. In fact the number of large claims amounting to more than $ 500,000 have also increased by about 20% in 2012.
A lawyer is required to adhere to a strict ethical code and his or her dealings must reflect honesty and integrity in order to protect the interests of the client. Sometimes these principles are not adhered to and this negligence can result in malpractice. Most lawyers are protected by legal malpractice insurance, which can make some more careless about their clients. Many are also so busy working on the ‘big cases’ they can often forget the clients with smaller claims, resulting in missed deadlines and court hearings. Other examples of lawyer malpractice are when a lawyer fails to secure the right witnesses or experts for testimony, missing the statute of limitations, billing fraud, or conflict of interest.
Proving a case against a lawyer is never easy. You need to prove that the lawyer’s negligence caused you to lose the case, and you also need to prove a breach of contract and/or breach of fiduciary duty towards you. The most important thing in a case of lawyer malpractice is to act quickly. In Indiana, legal malpractice claims have a two-year statute of limitation. Recently, the Indiana court turned down a lawsuit because of that very reason. A family sued an attorney in Allen County because he neglected to obtain property ownership documents for them in 1995. Even though the family discovered in 2006 that they did not have the appropriate documents, they waited till 2009 to sue, and consequently their lawsuit was disqualified by the statute of limitations.
If you have suffered damages due to a lawyer’s negligence, it is imperative that you hire an experienced lawyer who will help you through the maze that is legal malpractice. Our legal malpractice attorneys are experienced and equipped to handle your claims. We will give you a free evaluation of your case and ensure that your claims do not go unheard a second time.