Did Your Attorney Properly Represent You?
For far too many clients, lawsuits are unsuccessful not for a lack of merit, but rather because the attorney that was entrusted to provide skillful, competent legal advice and counsel was negligent in his/her representation. Attorney negligence, known as legal malpractice, is actionable. If you believe you have been a victim of legal malpractice, the attorneys at Janet, Janet & Suggs, LLC are here to help. Our attorneys routinely represent clients in complex legal malpractice cases and we have recovered tens of millions of dollars on behalf of legal malpractice clients.
Please read on for more information or complete the form to request a free, no-obligation consultation.
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What is Legal Malpractice?
Generally, legal malpractice occurs when an attorney breaches a duty to their client by failing to provide competent and skillful representation. This failure can occur throughout the attorney-client relationship with disastrous results for the client. While cases can be lost on the merits separate and apart from legal malpractice, all too often otherwise meritorious cases are lost because of an attorney’s negligence. If you lost a case, or think your legal counsel failed to act appropriately while representing you, we can help.
The Components of a Legal Malpractice Case
To win a legal malpractice case, there are four key elements that must be proven: (1) the existence of an attorney-client relationship establishing the attorney's duty to provide skillful, competent representation; (2) that the attorney breached their duty to the client; (3) that the breach of duty caused harm; and (4) that the client was, in fact, harmed. Breaches of an attorney’s duty and harm resulting from a breach come in a number of different forms. If you believe you were the victim of legal malpractice, please contact the attorneys at Janet, Janet & Suggs, LLC to request a free review of your case.
We've outlined each of those elements below in greater detail:
1. Existence of an Attorney-Client Relationship Establishing Duty
In order for an attorney to commit legal malpractice, an attorney-client relationship between the plaintiff and the accused attorney must exist. This relationship is usually created through a written agreement, signed by both parties. However, it is possible for this agreement to be implied from the interactions between the client and the attorney. The rules governing the formation of attorney-client relationships can vary by State.
2. Breach of Duty
The second element of legal malpractice requires that the plaintiff demonstrate that the attorney retained failed to provide the skill, care and diligence that are commonly exercised by other competent attorneys in similar conditions and circumstances. It is important to note that simply selecting an unsuccessful strategy in and of itself is not legal malpractice, provided that a competent attorney would have acted similarly in comparable circumstances.
Once a breach of duty has been established, the third element of a legal malpractice claim is showing that but for the conduct of the attorney, the client would not have suffered harm. For instance, if a client loses a case and they suspect it is because an attorney failed to file a motion in a timely manner, they would have to establish that the failure to file the motion was what caused the loss.
To prevail in a legal malpractice case, the client must establish how they were harmed by the attorney’s breach of duty. This could be a financial loss from failing to obtain a favorable verdict that should have otherwise been obtained or the loss of the opportunity to pursue a meritorious claim.
Common Types of Legal Malpractice
There are many ways in which lawyers fail to represent their clients properly. Errors may include, but are not limited to:
- Failure to Know or Properly Apply the Law
- Failure to Obtain Client Consent
- Failure to Actively Work Cases
- Inadequate Discovery or Investigation of Claims
- Failure to Sue One or More At-Fault Defendants
- Failure to Identify and Retain Needed Expert Witnesses
- Failure to File Cases and Pleadings Within Time Limits
- Failure to File Cases in the Appropriate Jurisdiction
- Mishandling Contracts
- Errors in Record Search or Discovery
- Procrastination in Performance of Services or Lack of Follow-Up
If any of the above occurred during your case, then you might have a case for legal malpractice and be entitled to compensation.
You Deserve Justice
Legal malpractice cases are complex. A plaintiff in a legal malpractice case must prove the existence of an attorney-client relationship with the attorney in question establishing a duty of care; that the attorney in question breached their duty over the course of their representation of the plaintiff; that the attorney’s breach caused the plaintiff harm; and that the plaintiff suffered financial loss or harm. Even in cases that do not involve litigation, plaintiffs must prove that their attorney’s actions or inaction caused them harm.
You should never have to worry about whether your lawyer will provide appropriate legal assistance and advice to you or do everything in his/her power to advocate on your behalf. At JJS, our attorneys have secured over $3B of verdicts and settlements for victims, including tens of millions for clients who have been victims of legal malpractice. If you believe you were the victim of legal malpractice or you wonder whether your attorney provided appropriate legal counsel, contact the attorneys and at JJS for a free consultation and review of your case. Together, we can help you get the justice you deserve.
A Track Record of Advocacy
Our proven track record of successfully representing victims of legal malpractice includes an eight-figure settlement regarding a case of lawyers lying to their client. The lawyers claimed they were actively working on their client's case, but after years of little-to-no progress, the client contacted JJS. Upon our review of the case, the family was shocked to learn that an otherwise meritorious case had been thrown out by the court due to the previous attorney's negligence. We pursued a legal malpractice case against the at-fault attorney and secured the compensation the family deserved.
In another case, a client's attorneys in a medical malpractice case failed to secure the necessary expert witness. As a result, the case was dismissed. The plaintiffs contacted JJS and we secured a $4M settlement for the client.
Our team is committed to delivering the justice victims of legal malpractice deserve. If you or a loved one has been the victim of legal malpractice, please click below for a free, no-obligation consultation.
Select Legal Malpractice Verdicts and Settlements
Legal Malpractice Verdict - Failure To Secure Expert Witness and Prosecute Timely
Legal Malpractice Settlement - Failure to Secure Expert Witness
Legal Malpractice Settlement - Failure To Sue at At-Fault Corporate Defendant
Why Choose JJS?
JJS has uncovered the truth and won over three billion dollars in verdicts and settlements for clients across a wide range of extremely serious and complex cases. Our team of trial attorneys has a proven track record of taking on tough cases involving some of the nation's largest and most prestigious organizations—and winning.
If you have a high-stakes legal malpractice, sexual abuse, medical malpractice or other injury case, we can help hold those responsible accountable and deliver the full measure of justice you deserve. Our attorneys have been awarded dozens of national accolades for competence and ethics—and bring a record of delivering "historic" justice not just in clear-cut cases, but in cases that other preeminent law firms have missed or failed to put together.
As a national law firm with a 40 year track record, we have the financial wherewithal to advance substantial case costs on your behalf in order to put you in the best possible position to recover the compensation you deserve. And you'll never have to pay attorneys' fees or case costs unless we win your case.
If you experienced legal malpractice, you deserve justice and a team of experts who will fight on your behalf. You can trust in JJS to be that team and count on us to work tirelessly on your behalf. You can also count on us to be accessible and to keep you informed along the way.