When an attorney makes a mistake by failing to use the skill and diligence that would be expected of a reasonable attorney in the same position, he has committed malpractice. Not every instance of malpractice causes damages to a client, however if as a result of the attorney’s mistake the client is financially damaged, the client may be entitled to recover those damages from his attorney. This does not mean that you can sue your attorney if you don’t like the outcome of your case, but if the outcome would have been different had your attorney not committed malpractice, then you may be entitled to compensation for whatever damages you suffered because of the malpractice.
An attorney also owes a fiduciary duty to her client. This means that, because the client has entrusted the attorney with her legal and financial interests, the attorney must protect those interests and hold them above her own interests. When an attorney violates the client’s confidentiality, acts in any way against the client’s interests, or fails to tell the client about any potential conflicts of interests that may exist or significant developments in the case, the attorney has breached her fiduciary duty. If this happens, just as with negligence by the attorney, the client is also entitled to compensation.
We have more than 30 years of experience in cases of legal malpractice and breaches of fiduciary duty. More often than not, the attorneys we sue agree to settle with our clients before the case gets to trial, which can be both mentally, emotionally, and financially draining.