Steps to Take If You Suspect Legal Malpractice
Legal malpractice is a serious issue that can have significant consequences for individuals who depend on their attorney to handle their legal matters professionally. When an attorney falls short of their duties, whether through negligence, misconduct, or a breach of fiduciary obligations, it can result in unnecessary financial losses, missed opportunities, or even adverse legal outcomes for the client.
If you've experienced legal malpractice, understanding your rights and the steps to take is crucial. At The Law Office of Macy D. Hanson, PLLC, based in Madison, Mississippi, Attorney Macy Hanson is dedicated to helping clients navigate these complicated cases and achieve justice.
If you suspect that you've been a victim of legal malpractice, it’s essential to act promptly and strategically. Below are the critical steps to take if you believe your attorney’s actions (or inaction) may have harmed your case.
1. Understand What Constitutes Legal Malpractice
Not every unfavorable result in a legal matter is due to malpractice, so it's important to familiarize yourself with what qualifies as legal malpractice. For legal malpractice to occur, an attorney must have breached the standard duty of care expected from them, and this breach must have directly caused harm to the client. Common examples of legal malpractice include:
Missing filing deadlines, resulting in the loss of a claim
Failing to communicate crucial information to the client
Acting in a conflict of interest without disclosure or waiver
Misappropriating client funds or improperly billing clients
Providing incorrect legal advice that leads to financial or legal harm
Understanding these core elements will help you determine whether what you experienced rises to the level of malpractice.
2. Gather Evidence
If you suspect legal malpractice, the next step is to collect all relevant records and documents that relate to the attorney’s handling of your case. Evidence is critical in building any legal malpractice claim, and starting with thorough documentation will allow you to assess your situation and later support your claims. Some of the key items you should gather include:
Copies of the retainer agreement or contract with the attorney
Emails, letters, or other written communications between you and the attorney
Court filings and case-related documents that show deadlines and legal actions
Billing records or invoices from the attorney
Any evidence of financial loss or harm caused by the attorney’s breach
Maintain an organized record so you have easy access to this information when consulting another attorney for advice or pursuing legal action.
3. Schedule a Consultation with a Trusted Attorney
With how complicated legal malpractice cases can be, it’s advisable to seek advice from an experienced legal malpractice attorney. The Law Office of Macy D. Hanson, PLLC, in Madison, Mississippi, offers free consultations to individuals in Mississippi and across the United States.
With over a decade of experience, Attorney Macy Hanson is well-versed in professional legal standards and how to evaluate whether an attorney has breached their fiduciary responsibilities. He takes each case personally and works tirelessly within ethical boundaries to pursue justice for his clients.
During your initial consultation, be prepared to discuss your concerns openly and provide the evidence you’ve collected. An experienced attorney like Macy Hanson can help determine whether you have a valid malpractice claim and recommend the next steps.
4. Don't Discuss the Situation with the Attorney in Question
When you suspect malpractice, it might be tempting to confront the attorney who handled your case. However, it’s generally in your best interest to avoid engaging in direct conversations with the attorney at fault.
Their response could be defensive, and anything you say could inadvertently affect your future claim. Instead, focus on building your case with the help of a qualified legal malpractice attorney.
Also, avoid signing any documents, nondisclosure agreements, or waivers from the original attorney without consulting an independent legal representative first. These actions could jeopardize your ability to file a malpractice claim later.
5. Be Mindful of Time Limits
Legal malpractice claims are governed by statutes of limitation, which set a strict timeline for filing a lawsuit. These limits vary by state, but in Mississippi, the general statute of limitations for legal malpractice claims is three years from the date you discovered (or reasonably should have discovered) the malpractice.
To protect your rights, act without delay once you suspect legal malpractice. Consult with an attorney to file your claim within the required time frame. Failing to adhere to these timelines could result in losing the opportunity to recover damages, even if you have a valid case.
6. Understand the Potential Remedies
If your legal malpractice claim is successful, you may be entitled to recover damages caused by the attorney’s negligence. These potential remedies could include:
Reimbursement for financial losses directly related to the malpractice
Compensation for settlements or awards you would have obtained if the original attorney had acted competently
Additional damages in certain cases of egregious misconduct
Attorney Macy Hanson is committed to seeking justice for clients who have experienced the adverse effects of legal malpractice. His philosophy of “doing whatever it takes, within the bounds of ethics and professionalism, to win for his clients” underscores that he approaches every case with dedication and a results-focused mindset.
7. Prevent Future Issues
Once you’ve addressed the immediate situation, consider what measures can be taken to avoid similar issues in the future. Select your legal representation carefully by researching an attorney's qualifications, reputation, and past results.
Open and honest communication is also vital to maintaining a professional relationship, as misunderstandings can sometimes lead to dissatisfaction. By choosing a diligent and experienced attorney, clients can feel confident that their legal matters are in capable hands.
Contact the Law Office of Macy D. Hanson, PLLC
While experiencing legal malpractice can be a difficult and frustrating situation, you don’t have to face it alone. The Law Office of Macy D. Hanson, PLLC, in Madison, Mississippi, is committed to guiding clients through complicated legal malpractice cases. With a proven track record and a decade of experience, Macy Hanson provides personalized attention and tireless advocacy to clients in Mississippi and across the United States.
If you suspect legal malpractice, don’t wait. Contact the Law Office of Macy D. Hanson, PLLC, today to schedule a free consultation and discuss your case and legal options.
