Legal Malpractice

Attorneys are required to work ethically and conduct themselves professionally with the client's best interest in mind. When an attorney fails to do so and causes financial loss to a client, the attorney may be guilty of legal malpractice.

To win a legal malpractice case, you must prove that the attorney mishandled your case in a way that directly caused you financial losses. This proof has four elements:

• Duty: The attorney accused of legal malpractice had a duty to serve this particular client. This usually means that the attorney and client willfully entered into a contract stating the terms of the legal service.
• Breach: The attorney breached this contract by refusing services, acting negligently, or failing to perform duties essential to the success of the client's case.
• Causation: This negligence or wrongful act caused the client to lose his or her case or settle for an amount far below the case's actual value.
• Damages: The legal malpractice, subsequent loss of the case, or subsequent receipt of a smaller settlement resulted in significant financial losses for the client.

Because all of these elements must be proven, legal malpractice cases can be very complex. If you are planning to sue your attorney for legal malpractice, you need another good attorney to represent you. At The Carnes Law Firm, we encourage potential clients to seek legal representation immediately in such cases.

If you believe you have been a victim of legal malpractice, contact us today at 314-353-1001 to discuss your options.