Most people who are stuck in tough legal situations will turn to a lawyer for advice and guidance. When you hire an attorney, you expect competent representation at every step of the way. Unfortunately, this does not always happen. If you suffered harm because your lawyer failed to adhere to the expected level of professional conduct, you may have rights to assert. At Cook Law Group, our Gainesville legal malpractice lawyers can help you navigate these types of claims. With years of experience, our injury attorneys have a comprehensive understanding of legal malpractice cases and can put our knowledge to use on your behalf.Assert Your Rights After Suffering Harm from Legal Malpractice
Legal malpractice is defined as any negligent conduct or wrongful act committed by an attorney that causes harm to their client. In these cases, the client may be able to file a lawsuit against the at-fault lawyer. These are some common examples of situations that may give rise to a malpractice claim:
- A conflict of interest;
- A breach of fiduciary duty;
- Embezzlement of money belonging to a client;
- Settling a case without the client’s approval for less than what it was worth; or
- Missing the statute of limitations.
In order to make out a legal malpractice case in Georgia, the plaintiff must establish the existence of an attorney-client relationship, as well as the failure of the attorney to use ordinary care, skill, and diligence. There also must have been damages that were directly caused by that failure. Each of these elements must be shown by a preponderance of the evidence.
The failure of an attorney to use ordinary care, skill, and diligence simply means that the attorney failed to use the level of care that a reasonably prudent attorney in the same situation would have used. An adverse outcome does not mean that the attorney failed to use the appropriate level of care. Instead, the attorney’s conduct must have fallen below the prevailing standards for what would be considered competent and skillful representation in the matter. Our legal malpractice attorneys can help Gainesville residents and others determine whether their lawyer met this standard.
Damages are an essential part of a legal malpractice claim. They must be presented and proven by the plaintiff. Typically, the plaintiff must show that they would have received additional compensation or damages, or not have been held liable for the same amount of damages, if the attorney had not been negligent. In other words, the plaintiff must demonstrate that but for the attorney’s error or misconduct, the outcome likely would have been different.Explore Your Options with a Legal Malpractice Lawyer in Gainesville
If you have suffered harm due to the negligence of your attorney, you may be able to take action through a legal malpractice claim. At Cook Law Group, our Gainesville legal malpractice attorneys are dedicated to protecting your rights. We can assist people in Athens, Atlanta, Marietta, Smyrna, Alpharetta, Johns Creek, Lawrenceville, Norcross, Valdosta, Augusta, and Columbus, as well as other communities in Hall, Clarke, Fulton, Cobb, Gwinnett, Lowndes, Richmond, and Muscogee Counties. Feel free to explore our results to see what we have accomplished for previous clients. For a free initial consultation, call us at 678-298-3899 or contact us online. We also can advise people who need a car accident lawyer or assistance with another personal injury claim.