Attorneys have the duty to protect clients and act in good faith, with fairness, integrity, and honesty. Like doctors and other professionals, attorneys must have the knowledge and skills in accordance with their areas of practice and professions. In the course of a lawsuit or other type of legal handling, an attorney may make errors that can affect the case outcome. If a client has reason to believe that his or her lawyer failed in their duties and was somehow harmed by those actions, it is a good idea to contact a St. Paul legal malpractice lawyer. Rob Roe Law, LLC is an advocate for victims. We are dedicated to helping clients receive the compensation and recovery of damages that they deserve.
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Legal malpractice occurs in civil and criminal cases. It is not about being unhappy or displeased because of an unfavorable case decision. It does not have anything to do with whether you liked or disliked your attorney. It involves some form of negligence, breach of contract or breach of fiduciary duty on the part of the lawyer that resulted in harm to the client. In criminal cases, defendants have constitutional rights to professional representation from competent counsel. Clients in civil case matters should expect their attorneys to provide competent representation at each step.
A plaintiff in a civil case must prove legal malpractice occurred in order to recover damages from the negligence lawyer. One must show that the attorney's acts were mistakes that no reasonable attorney would make. The proof would have to demonstrate what the case outcome would have been if the attorney had not made the errors. There must also be damage to the client. For example, missing a court filing deadline could be a point of legal malpractice providing it was related to a loss in the client's case result.
These types of cases can be complex and it is best to have representation from one of our attorneys experienced in legal malpractice cases. If we can prove the following, there may be grounds for a legal malpractice case: 1) The attorney owed the client a duty to act properly; 2) by acting negligently, the attorney breached that duty; 3) the behavior of the attorney caused the client damage. The case results would have been different if the attorney had acted properly; and 4) the client suffered financial loss due to the behavior of the attorney. The average attorney would not have made the same types of mistakes.
Negligence is the failure to act as any reasonable person would under certain circumstances. Fiduciary responsibilities include taking care of money for another. The mishandling of money can cause a breach of fiduciary duty. A failure to perform contractual promises as set forth in a binding retainer agreement, for example, can bring about a breach of contract. There are countless examples of actions that can lead to legal malpractice. State law establishes the statutory time in which to serve a lawsuit. If you believe you have a case, a lawsuit must be served within the statute of limitations. Minnesota law generally requires legal malpractice lawsuits to be started within six years of the malpractice.
Our experienced trial lawyers have fought for the rights of victims for over a decade and are committed to helping those affected by a personal injury. In addition to representing legal malpractice cases, we also handle premises liability, product liability, medical malpractice, car accidents, wrongful death, and other types of civil cases. Our firm has the knowledge and resources to represent complex cases such as legal malpractice.
We are ready to help you with your legal needs. A St. Paul personal injury lawyer can advise you on your legal malpractice case. Call Rob Roe Law, LLC today.