Litigation malpractice occurs when an attorney mishandles a lawsuit filed on a client’s behalf, leading to negative consequences for the client. This type of malpractice typically involves errors or omissions made during the litigation process, which can have significant implications for the outcome of the case. For instance, if you were injured in an automobile accident and hired an attorney to file a lawsuit against the responsible party, and the attorney failed to perform their duties competently, this would be considered litigation malpractice.
Litigation malpractice cases are often referred to as “a case within a case” because they require a two-step evaluation process. First, it must be determined whether the attorney’s actions or inactions constituted malpractice. This involves examining whether the attorney breached their duty of care to the client, which is generally measured by the standard practices and expectations of the legal profession. Common examples of litigation malpractice include missing filing deadlines, failing to properly prepare for trial, inadequate investigation of the facts, or neglecting to communicate settlement offers.
Once it is established that the attorney committed malpractice, the next step is to assess the impact of that malpractice on the underlying case. This involves evaluating what the outcome of the original lawsuit would have been if the attorney had not made the mistakes in question. Essentially, the plaintiff in a litigation malpractice case must prove that they would have obtained a favorable result in the underlying case but for the attorney’s negligence. This can be a complex process, as it requires a detailed review of the original case and often involves expert testimony to determine the likely outcome if the case had been handled competently.
The consequences of litigation malpractice can be severe for clients. They may lose the opportunity to recover damages for their injuries or other losses, and they may incur additional legal costs as they seek to rectify the situation. In some cases, the emotional and psychological toll of knowing that their case was mishandled can be significant as well.
To successfully pursue a litigation malpractice claim, the plaintiff must demonstrate several key elements. First, there must be evidence of an attorney-client relationship, establishing that the attorney owed a duty of care to the client. Second, the plaintiff must show that the attorney breached this duty through negligent actions or omissions. Third, there must be a direct causal link between the attorney’s breach of duty and the harm suffered by the plaintiff. Finally, the plaintiff must prove that they suffered actual damages as a result of the attorney’s malpractice.
It is also important to consider the statute of limitations for litigation malpractice claims, which varies by jurisdiction. Clients who believe they have been victims of malpractice should act promptly to seek legal advice and initiate a claim within the applicable time frame. Delays in taking action can jeopardize the ability to pursue a claim and obtain compensation for the losses suffered.
One common defense attorneys may use in litigation malpractice cases is to argue that the underlying case lacked merit, meaning that even if they had handled the case competently, the client would not have prevailed. This defense underscores the importance of thoroughly evaluating the merits of the underlying case when pursuing a malpractice claim. Additionally, attorneys may argue that any mistakes made did not materially affect the outcome of the case or that the client contributed to the unfavorable result through their own actions or inactions.
In conclusion, litigation malpractice involves an attorney’s improper handling of a lawsuit, leading to negative consequences for the client. These cases are complex and require a detailed examination of both the attorney’s conduct and the underlying case’s merits. Clients who believe they have been affected by litigation malpractice should seek legal advice promptly to ensure their rights are protected and to explore potential avenues for obtaining compensation for their losses.