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Lawyers commit malpractice when they fail
to exercise the degree of care and skill in a way
that deviates from accepted practice of other
competent lawyers handling similar kinds of cases. 
A
lawyer commits legal malpractice when he or she
misses an important date such as a statute of
limitations, or court hearing, or deadline for
filing certain types of papers during a law suit.
Lawyers are held to the standard of care of other
practicing lawyers in the same field. If they
don’t live up to the standard of care and that
breach of the standard causes the client economic harm, the lawyer may be
responsible to the client for that harm.
Proving damages in a legal malpractice case requires
us to prove that “but for” the lawyer’s negligence,
the client would have prevailed in the matter that
the lawyer was handling.
We
view handling legal malpractice cases as consumer
protection. Clients of law firms place trust,
confidence
and money into the hands of their attorneys and
deserve a certain level of competence. When
that level of competence is not provided, we believe
clients have the right to sue their lawyers to be put
into the position they would have been had the
lawyer performed competently.
Recent
case summaries of legal malpractice cases:
-
Lawyer misses statute of limitations for
personal injury case-$75,000
-
Lawyer fails to understand the contract he
advised client about-$100,000
-
Lawyer failed to conduct adequate discovery in
divorce case-$75,000
-
Lawyer dropped an important issue on an
appeal-pending
-
Lawyer failed to file for class certification in
a class action lawsuit-pending
-
Lawyer failed to identify experts in a timely
fashion-pending
-
Lawyer failed to
advise client and will time contest of deadline
for filing - $360,000
For more information, or to set up a free 30 minute
consultation to discuss your potential legal
malpractice case, please contact our office at
301-654-3300 or email us at
fbg@fredbgoldberg.com.
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