What Constitutes Legal Malpractice?
Not all attorneys uphold the ethical and professional standards required in their practice. When an attorney’s actions or inactions result in harm to a client, legal malpractice may have occurred. When these situations occur, you have the right to pursue legal action against the offending attorney and seek compensation for the damages you sustained.
At The Law Office of Macy D. Hanson, PLLC, clients can trust in an unwavering commitment to quality legal representation. Understanding what constitutes legal malpractice is critical for any individual who believes their attorney has failed to serve their best interests.
Defining Legal Malpractice
Legal malpractice occurs when an attorney breaches their duty to a client in a way that causes harm or financial loss. This breach typically involves negligence, breach of contract, or breach of fiduciary duty.
Legal malpractice is not merely dissatisfaction with an unfavorable outcome in a case. It requires evidence that the attorney failed to meet the standard of care expected within the legal profession. At its core, legal malpractice can be summarized by these three essential elements:
Attorney-client relationship: To prove legal malpractice, there must be an attorney-client relationship. This formal relationship creates a duty for the attorney to act competently, communicate clearly, and diligently pursue the client’s case.
Breach of duty: An attorney is expected to adhere to a standard of care consistent with professional legal practices. Failing to meet this standard, such as missing deadlines, providing improper legal advice, or neglecting a case, may constitute a breach of duty.
Causation and damages: There must be a direct connection, or causation, between the attorney’s breach of duty and the harm suffered by the client. The client must demonstrate tangible damages, such as financial losses, that resulted from the attorney’s error.
Common Examples of Legal Malpractice
Legal malpractice can take many forms, and no two cases are entirely alike. Some of the most common examples of legal malpractice include the following:
Missed deadlines: Attorneys are responsible for meeting critical court deadlines and filing legal documents in a timely manner. Failing to do so can result in the dismissal of a case or the inability to file a lawsuit, potentially leading to significant harm for the client.
Lack of communication: An attorney must keep their client informed about the status of their case and adequately explain legal options. Poor communication or failure to respond promptly to client inquiries can lead to misunderstandings and harm to the client’s case. While poor communication can be frustrating, it does not automatically constitute malpractice. However, if it results in a significant error, such as missing a crucial court date or failing to inform you of important developments, it may be grounds for a claim.
Improper legal advice: Providing inadequate or incorrect legal advice can mislead a client and jeopardize their case. Attorneys have a duty to provide advice based on careful research and a thorough understanding of the law. If they fail to do so and it leads to negative consequences for the client, it may be considered malpractice.
Failure to follow instructions: Attorneys must honor their clients’ decisions regarding significant case matters. Disregarding a client’s instructions, such as settling a case without consent, is a serious breach of duty.
Neglecting a case: Simply failing to dedicate sufficient time, attention, and resources to a case is one of the most basic examples of legal malpractice. Clients rely on their attorney to be fully engaged and invested in their legal matter. Neglecting a case can mean missing deadlines, overlooking evidence, and inadequate representation.
Conflict of interest: Attorneys have an ethical obligation to avoid conflicts of interest that could compromise their ability to represent a client zealously and impartially; they should avoid anything that may compromise their ability to act in the best interests of their clients. This could include having a personal relationship with an opposing party.
Breach of fiduciary duty: Attorneys are held to a high standard of trust and loyalty when it comes to their clients. Breach of fiduciary duty occurs when an attorney acts solely in their own self-interest rather than in the best interests of their client. This could include throwing the case due to bribery.
Maintaining ethical standards is crucial for protecting the integrity of the legal profession and fighting for justice for all parties involved. Attorneys must prioritize their clients' interests above all else, adhering to their fiduciary duties without compromise. Failing to uphold these responsibilities harms clients and undermines public trust in the legal system.
Why Proving Legal Malpractice Can Be Complicated
Proving legal malpractice is no simple task. The burden of proof is on the client to demonstrate that their attorney acted negligently and that this negligence directly caused damages. This often requires expert testimony from another attorney who can explain how the original attorney’s actions fell short of the professional standard of care.
Furthermore, in some cases, clients must also prove the “case within a case.” This means demonstrating that, but for the attorney’s mistake or negligence, the client would have likely achieved a better outcome in their original legal matter. Successfully presenting a legal malpractice case often requires knowledge of both legal ethics and the underlying legal issue.
At The Law Office of Macy D. Hanson, PLLC, clients benefit from Attorney Hanson’s extensive experience and deep understanding of the law. With over a decade of practice, Attorney Hanson has helped clients across Mississippi and throughout the United States resolve challenging legal disputes efficiently and ethically.
Accountability and Justice for Victims of Legal Malpractice
When victims of legal malpractice come forward, they often face a challenging uphill battle. They may feel overwhelmed and unsure of where to turn after experiencing legal mishandling. Attorney Macy Hanson understands the frustration and injustice caused by legal malpractice.
His philosophy is “to do whatever it takes, within the bounds of ethics and professionalism, to win for his clients,” and he applies this ideal to every case—including those involving victims of negligent attorneys.
A legal malpractice lawsuit not only holds the responsible attorney accountable but also helps clients recover damages for the harm they have suffered. Depending on the nature of the case, damages may include financial losses, lost opportunities, or expenses incurred because of the attorney’s negligence. Pursuing these claims also serves as a reminder to the legal profession of the critical importance of ethical and competent representation.
Why Choose The Law Office of Macy D. Hanson, PLLC?
The Law Office of Macy D. Hanson, PLLC, located in Madison, Mississippi, is dedicated to providing personalized and aggressive representation for every client. Clients at The Law Office of Macy D. Hanson receive the focused and accessible counsel of one experienced attorney who prioritizes their individual needs and goals.
Attorney Macy Hanson’s commitment to ethical and professional advocacy makes him a trusted ally for those seeking justice in legal malpractice cases. The firm offers free consultations, allowing potential clients to discuss their concerns and understand their legal options without added financial pressure.
Contact The Law Office of Macy D. Hanson, PLLC Today
If you've been the victim of legal malpractice, don’t wait to seek accountability. The Law Office of Macy D. Hanson, PLLC, can guide you through evaluating and pursuing a claim. Serving clients in Mississippi and across the United States, Attorney Macy Hanson is proud to offer the knowledge, dedication, and professionalism necessary to fight for justice.
Call today to schedule your free consultation and take the first step toward holding negligent attorneys accountable.
