What Is Legal Malpractice?

Legal malpractice affects more people in Indianapolis every year that is commonly known. Although this is a common problem, it’s something that’s easily avoidable if you know what legal malpractice is and how to protect yourself.

Legal Malpractice Defined

Malpractice or negligence happens when a lawyer doesn’t use their skill, diligence or prudence to defend their client in the best way possible. Every attorney is supposed to follow what’s called “standards of care” and when these standards aren’t followed, it’s can be seen as legal malpractice.

Not Every Mistake Is Malpractice

Before accusing a lawyer of legal malpractice it’s important to know that not every mistake that a lawyer makes can be seen as legal malpractice.
The most clear cut way a mistake can be seen as legal malpractice is if the mistake that the lawyer made caused the client a financial loss or caused the client to be wrongfully convicted of a criminal act.

Damages Defined

Some of the best examples of damages are:
1. The loss of a client’s right to file a lawsuit.
2. The loss of a case that could have been won.
3. Damages that were below the amount that should have been received.
4. Harm that could come in the future due to the legal verdict.
Damages are most often easier to recover if a client has suffered any emotional distress due to fraud from a lawyer, breach of their duties or being wrongfully thrown in jail due to the lawyer’s negligence.

Retrial Potential

If an individual is able to prove that they suffered damages from the lawyer that tried their previous case, and they are able to prove the negligence, they may be able to have their case retried by a competent a lawyer who will help them to get the legal victory that they deserve.