What is Legal Malpractice?
Legal malpractice occurs when a lawyer fails to follow the law or do their due diligence, and this causes their client some type of harm, inconvenience or extra trouble. This could be any number of things. When you spend money on a family law attorney to help you with divorce, for instance, and they miss some filings, or botch something on the paperwork, this could mean that you are stuck waiting longer for these things to finalize, or need to spend more money on someone else to fix your problems. Not to mention all the extra time needed to battle the first one to get what you were entitled to in the first place. A common situation in Kansas City is when medical malpractice has occurred, and you hire someone to represent you, and they end up not seeking damages . Or, they seek too much compensation and the case is settled for much less than it should be. In these types of cases, you could have further injury if the at-fault party becomes insolvent before you can seek compensation. So not only did they not do their job, but they may make your situation worse. A legal professional does not have to be malpractice free. Not every little mistake is subject to legal malpractice. But a substantial mistake, or a series of mistakes that result in your rights being overlooked, ignored, or forgotten, can result in legal malpractice. You will need to consult an experienced Kansas City legal malpractice attorney, like the team at The McCallister Law Firm to help you figure out if what happened to you was truly legal malpractice.
The Signs of a Good Kansas City Legal Malpractice Attorney
Qualities of a Top Legal Malpractice Attorney in Kansas City
An effective legal malpractice attorney in Kansas City will have a few essential qualities. A proficient lawyer having expertise in this particular area of law will have a track record of facilitating a ‘win’ for their clients, and be well regarded by their peers and by their clients. They may even be recognized by a state or local legal bar association as an expert in legal malpractice law. Checks on their credentials, reputation and experience are all essential aspects of hiring a Kansas City legal malpractice attorney.
A lawyer in this field will have extensive knowledge of the law. They will know what constitutes valiant effort versus culpable negligence, and they will have the ability to determine whether a legal malpractice case exists for you. An experienced legal malpractice attorney may have decades of experience both prosecuting and defending legal malpractice cases. A qualified legal malpractice attorney in Kansas City may also have composite knowledge of related fields of law that will serve them well when pursuing your claim. They may have expertise in interpersonal lawsuits, and the elements needed to demonstrate fault in these types of cases. A qualified Kansas City legal malpractice attorney may have the specific experience needed to succeed in a legal malpractice case.
What to Do if You Suspect Legal Malpractice
The first thing you should do when you suspect legal malpractice may have occurred is to sit down and write out a chronology of events. Starting from engagement, write out what happened step by step until present. If there was a failed action, write out what occurred, and why you believe you were harmed. After a chronology has been constructed, review the facts in detail. Note where facts were missing, and whether you gave all known facts to your lawyer. Consider how your lawyer handled each situation, thinking in terms of whether the lawyer did everything possible to help you as the facts developed. Critically, assess whether you agreed with what the lawyer was doing on your behalf, at the time. Consciousness of others in the situation can be important from a point of view of assumption of the risk. In addition, you should note the key issues in the case, and whether there was a strategy to handle the issues. Above all, ask yourself if there are facts that you believe were deliberately kept from you, or that the lawyer never intended to pursue on your behalf. Ask yourself if the lawyer did everything they could do, to do right for you. Finally, make sure you concentrate on preserving the evidence you need. Do not throw away anything that might be relevant to your claim of legal malpractice. Seek the truth, seek information, and seek peace.
How a Kansas City Legal Malpractice Attorney Can Help
In the realm of legal malpractice, having a skilled attorney by your side can make all the difference. A legal malpractice attorney is a specialized legal professional who has a deep understanding of the complex interplay of law and ethics that governs the conduct of attorneys. They serve as advocates for clients who have experienced negligence or misconduct by their previous legal counsel.
A legal malpractice attorney’s primary role is to evaluate the validity of a client’s claim against a former attorney. This involves helping the client understand the complexities of their situation, providing guidance on whether they have a viable case, and determining the best course of action. A good legal malpractice lawyer will communicate in clear and concise terms , ensuring that the client understands the process and feels comfortable moving forward.
Gathering evidence is a critical component of a legal malpractice case. An experienced attorney knows what evidence is necessary to support a claim and will work diligently to collect documentation, witness statements, and any other relevant information to build a compelling case. They will also guide their clients on what information is needed and how to obtain it.
When moving forward with a legal malpractice case, a lawyer will represent their client before the court or at a settlement negotiation table. They will advocate on their behalf to ensure the best possible outcome is achieved. This means that communicating effectively with opposing parties, negotiating settlements, or presenting evidence in court are all part of the legal malpractice attorney’s responsibilities.
Having a legal malpractice attorney in Kansas City is essential to getting the compensation and justice you deserve after being let down by a prior attorney.
Choosing the Correct Kansas City Attorney
When choosing a legal malpractice attorney in Kansas City, it is important to consider several factors to ensure that you find the right fit for your needs. First, research potential attorneys by searching online and asking for recommendations from friends or family. Look for attorneys who specialize in legal malpractice cases, as they will have the experience and knowledge necessary to handle your case properly.
Once you have a list of potential attorneys, check their reviews online. This can give you an idea of how they have handled similar cases in the past and what their clients have to say about them. You can also schedule a consultation with each attorney to get a better sense of their communication style and how comfortable you feel with them.
During the consultation, be sure to ask about their experience in handling legal malpractice cases and how they approach the investigation process. Ask about their fees and whether they work on a contingency basis, which means that they only get paid if you win your case.
Ultimately, the key to finding the right legal malpractice attorney in Kansas City is to do your research, read reviews, and ask questions during the initial consultation. By doing so, you can ensure that you find an experienced and trustworthy attorney who can help you effectively investigate your legal malpractice case.
Common Obstacles in Legal Malpractice Cases
Proving legal malpractice is a difficult task that requires not only expert witnesses in the field of law, but also persistent inquiries, because these types of lawsuits get errors that are so tiny and unnoticeable that they are easily brushed off by the opposing side. Another major hurdle is the fact that clients are often biased against their former attorney and do not want to admit to any fault on their side. This can be a major stumbling block if the client did not communicate with his or her attorney as early as possible, which is not an uncommon situation.
Many people are surprised to hear that they need to prove three things, . To win a legal malpractice lawsuit, a claimant must generally prove:
- That the attorney owed the client a duty of care (any qualified attorney does)
- That the attorney breached the duty by acting negligently (incurring some form of negligence)
- That the client suffered actual legal damages caused by the attorney’s actions (meaning the client lost a chance at a legal victory)
As you can see, even if a claimant meets the first two criteria, he or she may still not have a case if the client did not experience any measurable legal damages. This is one of many challenges that a skilled Kansas City legal malpractice lawyer can help a client overcome.