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Legal malpractice occurs when an attorney commits any act of negligence, breech of contract, or breech of fiduciary duty while representing a client in a legal case which causes monetary damage to the client. Legal malpractice can be executed in a number of ways, the most common of which include an attorney's failure to properly and adequately pursue a client's case, secure witnesses and experts, or act before calendar deadlines and statutes of limitation.

Legal malpractice may occur where a lawyer acts in a negligent manner when providing legal advice or representation. The following represents an overview of legal malpractice law and common defences. If you have questions about a specific incident of possible legal malpractice, you should check with a lawyer licensed to practice in your state about the specific elements of a legal malpractice action under the laws of your state, and for an analysis of whether the incident might constitute legal malpractice under the laws of your state.

Any dealings that a lawyer has with a client will be carefully examined. Such dealings require fairness and honesty, and the lawyer must show that no Undue Influence was exercised and that the client received the same benefits and advantages as if he or she had been dealing with a stranger. If the client had independent legal advice about any transaction, that is usually sufficient to meet the lawyer's burden to prove fairness.

Many legal malpractice claims are filed because of lack of communication and negligence in the professional relationship. The improper and unprofessional handling of the attorney-client relationship leads to negligence claims that are not based on the actual services provided. Lawyers who fail to communicate with their clients about the difficulties and realities of the particular claim risk malpractice suits from dissatisfied clients who believe that their lawyer was responsible for losing the case.

Legal malpractice may take a number of different forms, ranging from minor instances of negligence to intentionally fraudulent conduct. Common types of legal malpractice include:

• Failure to meet court deadlines.
• Failure to act within the statute of limitations.
• Failure to return phone calls or communicate with a client.
• Failure to resolve conflicts of interest.
• Failure to know the law or perform adequate research.
• Abuse or misuse of a client's trust account, including commingling trust account funds with the attorney's personal account.
• Improper withdrawal from representation.

Four matters that a Legal Malpractice Attorney must prove

Initiating a legal malpractice suit may be the best path to justice for those who have met with unfavourable outcomes in past legal cases whereby there is strong reason to believe that their representing counsel was acting incompetently or that they intentionally misrepresented the potential success of the case. The guidelines shared above can help you preliminarily determine whether you might have grounds for a case. Please consult with a seasoned attorney to confirm whether you may have a case.

You can contact John Anderson through his Web site: http://johnandersonlaw.com/ Mr. Anderson is licensed as an attorney by the Supreme Court of the State of California and has years of experience fighting for the rights of clients.