Most of the lawyers in Tennessee give clients a favorable outcome. However, there are still those who fail their job as expected. Therefore if your lawyer acted or failed to act in accordance with the law, you could file your case in civil court. And depending on the charges, your attorney may be required to pay damages or even face criminal charges. Since it’s not easy to win a legal malpractice case, you can look for a lawyer whom you trust or who is known for his/her ethical standards to guide you. A good lawyer will help you get a favorable settlement from the negligence attorney without wasting your time and other additional court expenses. If he/she finds this is not possible, they may help you go to court.
When A Lawyer Fails You
Unfortunately, most of the people turn to The Tennessee Board of Professional Responsibility to help them get the compensation they deserve. Though the board’s duty is to supervise the ethical conduct of the lawyers by investigating the attorney’s alleged violations, they can’t help you recover damages from legal malpractice cases. As a victim, you must take a step to file a legal malpractice claim. Remember that each case turns on the underlying circumstances. This means that if you want to succeed, you must have legal counsel to assist you in taking legal action against your attorney. Nonetheless, to do this, you need to understand some of the complaints that may arise for a claim to be considered malpractice. Below are some of the common complaints that may lead you to sue your attorney for malpractice. They include:
Your attorney accepts a settlement without your approval: This would automatically amount to an ethical violation. It’s always up to a plaintiff to settle a case or go up to trial. The only thing your attorney would do is to advise you on all the details required for your case. This can lead to malpractice. However, you have to provide evidence that your attorney entered into an agreement that was worth less than your case.
When your attorney withdraws from your case: Not all circumstances when the attorney withdraws may amount to legal malpractice. There are so many rules about this matter that needs to be considered to point out that your lawyer had some ethical issues. Your lawyer may withdraw from your case because he/she is incompetent to move on or simply because the lawyer has some other interests. As such, you need to act quickly to see that your case is appropriately handled. If this seems impossible, you can hire another lawyer. This is because the more your lawyer ignores you, the more this may lead to legal malpractice.
Your attorney misuses the money in the trust account: Your lawyer should only use this money for activities related to your case. Most of the regulatory agencies are very quick to act on such violations. You can consider looking for the best legal malpractice attorneys to help you determine whether your money can be reimbursed under the lawyers’ Funds for Client Protection. The fact is that the court doesn’t require attorneys to renounce their responsibility to protect the client’s funds.
Your case being thrown out of the court: This is likely to happen if your lawyer is not helping you. When you hire an attorney, and he/she agrees to offer services, both of you should act responsibly towards each other. This means that there is a lot of hard work involved to ensure the best outcome. As such, you expect a competent representation from your lawyer. If the court decides a claim doesn’t exist in matters of law, and your case is thrown out, this may amount to legal malpractice. This is if you’re able to prove that your attorney failed to work or mishandled your case.
Some Of The Complaints That May Not Amount To Legal Malpractice
If your attorney accepts a settlement that too low compared to what he/she had initially anticipated from your case: This may even push you to end up paying expenses from your pocket. Your lawyer could have done this to lure you into hiring him/her. This can’t amount to legal malpractice.
When the cause of action being accused of legal malpractice has not caused you to suffer damages: Any action that doesn’t amount to damages can’t generate a cause of action. Meaning a mere breach of duty or a threat of future harm may not be enough grounds to suffice a negligence action. You can’t establish a cause of action under such circumstances.
With the above point in mind, you may have an excellent start to analyze whether your case may amount to legal malpractice. But once more, the best way to determine this would be to hire a competent legal malpractice attorney.