What is Legal Malpractice?

By – Bonnie J. Jackson, Shareholder

Most attorneys are trusted advisors to their clients, and are competent in the law.  Unfortunately, that is not always the case.  Just like other professions, there are times when an attorney falls below the expected standards.  When that happens, the client seldom knows where to turn for help and may lose trust in our system of justice.  Even worse, the client may be left with large damages.  So what can you do?

Our law firm handles cases involving legal malpractice, which is sometimes referred to as professional malpractice or professional negligence.  A claim of legal malpractice requires proof of three things:  (1) the formation of an attorney-client relationship; (2) the attorney’s neglect of a reasonable duty to the client; and (3) proximate cause.  The term “proximate cause” for a legal malpractice claim means that damages to the client were caused by the attorney’s neglect of a reasonable duty and not some other cause.

At The Jackson Law Firm, P.A. we have handled cases against attorneys and law firms in a broad arena of practice areas.  Some include claims against immigration attorneys; family / marital law attorneys; real estate attorneys, including issues relating to loan modifications; and appellate attorneys.  One of our successful cases involved a lawsuit in Orange County against Kaufman, Englett & Lynd, PLLC (a/k/a K.E.L.) alleging, among other things, the failure to take diligent action, the failure to properly investigate the case, the failure to communicate with the client, and the failure to supervise a freshman attorney assigned to the case.  The lawsuit filed by The Jackson Law Firm, P.A. resulted in a favorable settlement to our client.

If you believe that you have suffered damages as a result of an attorney, do not wait to take action.  Just like other civil claims, there is a window of opportunity.  In the case of legal malpractice, a person has two years to assert a claim.  There are some circumstances that may delay the starting of the two-year clock, so consultation with an attorney to discuss the specific facts of your case would be necessary.  Whatever your circumstances, do not delay in seeking in legal advice.

If you think that an attorney failed to take action on your behalf, please give us a call so that we can evaluate your case.  We encourage you to explore our website –  www.jacksonlawfirm.net to learn more about The Jackson Law Firm, P.A., our attorneys and practice areas.  Any law firm that you choose should have the experience and ability to take your case through trial and appeal, if necessary.

Please remember that we do not represent you and cannot take any action on your behalf unless and until we enter into a formal written Legal Representation Agreement. If we do not respond to your inquiry or are unable to take your case, please contact another law firm immediately to have your case assessed.

© The Jackson Law Firm 2013