Your Trusted Legal Malpractice Lawyer
Serving the Waterville, Augusta, & Gardiner, Maine Area
As a client, you rely on your lawyer to provide the professional legal guidance you need to win your case. However, when your lawyer does not exercise “reasonable care,” or the professional degree of skill he or she is hired to use, and you have evidence to believe it caused you to lose your case, or otherwise suffer damages, you may have a valid legal malpractice claim.
Although malpractice cases can be difficult to win, that doesn’t mean you should accept the consequences of your lawyer’s negligence, The best way to prevail in a legal malpractice case is to enlist the help of an experienced office that specializes in this type of suit. You will need a legal malpractice lawyer who can regain your trust and work diligently to get you the best possible outcome. When you need a legal malpractice lawyer to pick up the pieces left behind by another negligent lawyer, turn to Jim Mitchell & Jed Davis P.A.
What Constitutes Legal Malpractice?
Not every mistake that an attorney makes can be considered legal malpractice; rather, legal malpractice occurs when a case is handled inappropriately due to negligence or intent to harm or cause damages to a client. In order to prove legal malpractice in your suit, you will need to prove:
• Attorney-Client Relationship: You will need to show that an attorney gave or promised to give you legal assistance or advice; this creates an attorney-client relationship in which you were owed skillful and competent representation. Usually this relationship is created via a written agreement, but occasionally it can also be implied by your and your attorney’s actions.
• A Breach of Duty: In performing legal services, an attorney is required to exercise the care, skill, and diligence that is exercised by other attorneys in similar circumstances. While many decisions are made in good faith and can still fail, a breach of duty can be proven if a reasonably competent and prudent attorney would not have made the decision.
• Causation and a Financial Loss: You must prove that, if the attorney had acted properly, you probably would obtained a more favorable outcome. This can be challenging to prove; when a financial loss would have happened regardless of an attorney’s mistakes, there is no malpractice.
Signs of Legal Malpractice
While it can be difficult to prove legal malpractice, there are several signs that you might have a case.
● Attorney-Client Privilege was Broken: You are entitled to complete privacy with your documentation and information - your lawyer cannot share any information pertaining to your case with an unauthorized party. You are able to choose who is authorized. If your information is shared without your knowledge or consent, your lawyer may have failed to adhere to attorney-client privilege.
● Conflict of Interest: If your lawyer has a friend, family member, or colleague on the opposing side of your case, or if your lawyer is an investor in the company you’re suing or a similar situation, a conflict of interest may occur. An attorney is required to disclose any possible conflicts to you and possibly even remove themselves from the case.
● A Settlement Was Reached Without Your Authorization: If your lawyer agrees to a settlement in your case without your knowledge or approval, you have a legal malpractice claim. Your lawyer is required to communicate any and all developments in your case; this includes settlement offers. They must obtain your authorization before speaking on your behalf.
If you suspect that your lawyer has acted outside of your best interest or violated your privacy, it’s important to consult with another attorney. We are familiar with your rights and what you should expect from your legal representation, and we will advocate for you from beginning to end.
Get the Legal Help You Deserve in Your Malpractice Case
Legal malpractice can include misuse of client funds, failure to file paperwork or important documents, failure to meet deadlines, failure to make appearances on your behalf, failure to apply the law correctly, openly discussing confidential elements of your case and more. An experienced legal malpractice lawyer can help you identify whether you are the victim of negligent or purposeful mistreatment; we will then advocate for your interests to bring your case to a successful resolution.
Contact us today for a consultation. We’ll review your case and provide you with the legal representation you should have been given from the beginning. Our team of legal malpractice lawyers are proud to serve those throughout the Waterville, Augusta, and Gardiner, Maine communities.
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86 Winthrop Street, Suite 1, Augusta, ME 04330-5566
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