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Introduction
Readers, if you’re reading this article, it’s more than likely you’re involved in, or worried about, attorney malpractice. We’re here to help. In this article, we will discuss attorney malpractice by type of law. This will give you a better understanding of the different types of cases that can arise, as well as the potential damages that can be recovered.
Types of Attorney Malpractice
There are many different types of attorney malpractice, but some of the most common include:
Legal Malpractice
This is the most common type of attorney malpractice and occurs when an attorney fails to provide competent legal services to a client. This can include failing to properly research the law, failing to file documents on time, or failing to communicate with the client.
Breach of Contract
This occurs when an attorney breaches a contract with a client. This can include failing to perform the services that were agreed upon, failing to meet deadlines, or charging excessive fees.
Fraud
This occurs when an attorney intentionally misleads a client. This can include lying about the client’s chances of success, forging documents, or stealing money from the client.
Defenses to Attorney Malpractice
There are a number of defenses that attorneys can raise to malpractice claims. Some of the most common defenses include:
Statute of Limitations
This defense argues that the client’s claim is barred by the statute of limitations. The statute of limitations is a law that sets a time limit on how long a person can wait to file a lawsuit.
Lack of Causation
This defense argues that the attorney’s actions did not cause the client’s damages. In other words, the client would have suffered the same damages even if the attorney had not been negligent or breached the contract.
Comparative Negligence
This defense argues that the client’s own negligence contributed to their damages. If the client is found to be comparatively negligent, their damages may be reduced.
Damages in Attorney Malpractice Cases
The damages that can be recovered in an attorney malpractice case vary depending on the circumstances of the case. However, some of the most common damages include:
Compensatory Damages
These damages are designed to compensate the client for the losses they have suffered as a result of the attorney’s malpractice. This can include lost income, pain and suffering, and emotional distress.
Punitive Damages
These damages are designed to punish the attorney for their misconduct and to deter other attorneys from committing similar acts. Punitive damages are only awarded in cases where the attorney’s conduct was particularly egregious.
Table: Attorney Malpractice by Type of Law
| Type of Law | Common Mistakes | Damages |
|---|---|---|
| Criminal Law | Failing to investigate the case thoroughly, failing to file motions on time, failing to communicate with the client | Wrongful conviction, loss of liberty, emotional distress |
| Civil Law | Failing to file a lawsuit on time, failing to properly represent the client in court, failing to negotiate a settlement | Loss of money, loss of property, emotional distress |
| Family Law | Failing to properly advise the client about their rights, failing to negotiate a fair settlement, failing to file for divorce on time | Loss of custody, loss of property, emotional distress |
| Estate Planning | Failing to properly draft a will or trust, failing to advise the client about tax consequences, failing to file estate tax returns on time | Loss of assets, tax penalties, emotional distress |
| Real Estate Law | Failing to properly review a title search, failing to disclose defects in the property, failing to negotiate a fair purchase price | Loss of money, loss of property, emotional distress |
Conclusion
If you believe that you have been the victim of attorney malpractice, it is important to speak to an experienced attorney as soon as possible. An attorney can help you to understand your rights and options and can help you to recover the damages that you have suffered.
Check Out These Other Articles
- How to Find a Good Attorney
- What to Do If You’ve Been the Victim of Attorney Malpractice
- The Statute of Limitations for Attorney Malpractice Claims
FAQ about Types of Attorney Malpractice
What is attorney malpractice?
Attorney malpractice occurs when an attorney fails to provide competent legal representation to a client, resulting in harm or loss to the client.
What is legal malpractice involving personal injury?
Legal malpractice in personal injury cases can arise when an attorney mishandles negotiations, fails to timely file a claim, or provides inadequate representation, leading to diminished compensation or loss of rights for the client.
What are common grounds for attorney malpractice in criminal defense?
Malpractice in criminal defense can involve ineffective assistance of counsel, such as failure to investigate the case, advise the client of legal options, or present a proper defense, potentially resulting in wrongful conviction or excessive punishment.
What is legal malpractice in estate planning and probate?
Malpractice in estate planning and probate can occur when an attorney fails to create a valid will or trust, mishandles the administration of an estate, or provides negligent advice on inheritance rights, leading to financial losses or disputes among beneficiaries.
What is legal malpractice in bankruptcy?
Bankruptcy malpractice can arise when an attorney fails to properly prepare or file bankruptcy documents, gives incorrect legal advice, or mismanages the client’s assets, leading to denial of discharge or financial hardship for the debtor.
What is legal malpractice in family law?
Malpractice in family law can involve errors in divorce proceedings, child custody disputes, or prenuptial agreements, resulting in unfair settlements, loss of parental rights, or financial harm to the client.
What is legal malpractice in real estate law?
Real estate malpractice can occur when an attorney fails to review property titles properly, closes on a defective property, or fails to protect the client’s interests in contracts, leading to financial losses or property disputes.
What is legal malpractice in corporate law?
Malpractice in corporate law can involve negligence in mergers and acquisitions, contract drafting, or legal advice to businesses, resulting in financial losses, shareholder disputes, or legal liability.
What is legal malpractice in tax law?
Tax malpractice can arise when an attorney provides incorrect tax advice, prepares inaccurate tax returns, or fails to represent the client effectively in tax audits, leading to tax penalties or financial losses.
What is legal malpractice in immigration law?
Malpractice in immigration law can involve errors in visa applications, green card petitions, or citizenship processes, resulting in delays, denials, or even deportation for the client.
