The Basics of Legal Malpractice
To effectively find the right legal malpractice attorney to serve your needs, it’s important to first have a basic understanding of legal malpractice. So, what is a legal malpractice and what is it defined as? Legal malpractice is, simply put, when your hired legal counsel fails to do the job, causes you damage or injury and you have to sue the lawyer. In Seattle, there are many kinds of legal malpractice and some of the most common include:
Your attorney fails to file a case within the statute of limitations, costing you the ability to recover anything;
Your attorney agrees to settle an injury case for too low a sum;
Your attorney fails to turn over funds in an estate to a beneficiary or heir;
Your attorney takes an excessive fee above and beyond what is described in the fee agreement;
Your attorney fails to advise you that you have a conflict of interest in a case , resulting in harm to you;
Your attorney fails to protect your rights before or after a bankruptcy; and
Your attorney violates other professional rules of conduct.
While the situations where you need an attorney to sue your other attorney run the gamut, one thing is certain: you cannot wait too long to act decisively in finding a qualified legal malpractice attorney in Seattle to help you with your case. Legal malpractice, like all legal matters, has a statute of limitations; meaning that if you don’t act within a certain amount of time, you will have lost your right to sue and be out of luck.
How to Tell if You Need to Hire a Legal Malpractice Lawyer
There are numerous instances where a trusted personal legal professional has gone wrong in your case. A few signs that show you need to see an attorney specializing in legal malpractice include:
1. Abandoning you as a client
An attorney abandoning a case is grounds for legal malpractice. An attorney is expected to see a case through from start to finish. If the firm is dismissing your case without trying to pursue it or otherwise leaving the case unattended, they are abandoning you as a client and you should probably seek the services of a legal malpractice attorney.
2. Not pursuing your legal interests
If an attorney appears to be chasing after their own interests, rather than looking out for you, that’s a huge red flag. An attorney’s prime duty is to pursue the interests of their clients at all times. They can only bring in outside influences to help advance the case. An attorney that doesn’t have your best interest in mind isn’t worth keeping.
3. Poor communication
Being too busy to communicate with clients is a common cause of delay, but ultimately it is the fault of the attorney to ensure the case is handled properly and information is conveyed to you at appropriate times. If an attorney is neglecting to get back to you in a timely manner or has failed to communicate with you about the outcome of a case, well beyond the industry standard of contact, it is time to consider seeking another opinion of your case from a legal malpractice attorney.
What Makes a Great Legal Malpractice Lawyer
When it comes to legal malpractice, it is critical to hire an attorney who not only has the skills and qualifications to represent you against your previous lawyer but one that will dedicate time to your case and will be there to address any concerns that may arise. To help you make the right decision when choosing legal representation, the following are the qualities you need to look for in a top legal malpractice attorney in Seattle:
- Specialization – Just like you wouldn’t hire a podiatrist for brain surgery, you shouldn’t hire a personal injury attorney for legal malpractice. Thus, you need a seasoned legal malpractice attorney who is not only experienced but is specialized in this specific area of law.
- Experience – As mentioned previously, experience is essential. You don’t want a "newbie" representing you, especially considering that winning and/or settling your legal malpractice claim will be a difficult battle. You want an experienced attorney who knows the law inside and out and has a proven history of successful verdicts and settlements. Remember that an attorney’s reputation is everything and if they have a bad one, you won’t get very far.
- Strategic thinking – Legal malpractice cases are complex which means your attorney needs to be a strategic thinker. For example, your attorney should know key deadlines that are crucial to your case, such as notices of appeal. They should also have the ability to act quickly to secure relevant information and documents for the case. In addition, strategic thinking is important when developing a plan for your case and then implementing that plan.
- Communication – Communication is crucial when it comes to the attorney-client relationship. You want to make sure your attorney keeps you up to date on the status of your case and doesn’t go long periods without communicating with you, especially if they need more clarification from you or more documentation to back up the facts in your case.
How the Legal Process Works in Cases of Malpractice
Typically, the attorney handling a legal malpractice case will proceed with the legal process in the same manner as any other lawsuit. First, there will be an initial conference where the matter will be discussed between the client and the attorney. Any gaps in information will usually be worked out at that stage. After a thorough pre-trial discovery, which may include depositions, the case will be either settled or tried.
The initial conference is the first step in the legal process of a legal malpractice claim. In this meeting, which can take place in person, by phone, or even via email, you will discuss the events leading to your lawsuit. Any documents or other papers you have gathered will be helpful at this stage. The attorney will assess the potential for a successful case and discuss the likely costs involved.
Pre-trial discovery will follow this initial meeting . Discovery is the formal process in which you and your attorney are permitted to obtain information and documents from parties and/or witnesses who might be familiar with the issues in the case. This is a very important step in any lawsuit. You and your legal malpractice attorney can establish the facts and gain insight into what documents and source of information will be needed.
Discovery can take many forms. Your attorney may consider sending a request through the legal process for documents (called interrogatories) that any other party is likely to be able to provide you with. You might also be heard by a judge who will hear your case (a preliminary matter) or you might request a jury trial.
Further, the time it takes to gather all the documents or witness testimony you will need can cause the case to take a year or more to be prepared for an actual trial. Each case is different, of course.
Questions to Steer Toward Your Legal Malpractice Lawyer
During your initial interview with a legal malpractice attorney in Seattle, it wouldn’t be a bad idea to ask them some questions to gauge if they’re the right fit for your case. After all, a lack of chemistry with your attorney can spell disaster for you in the long run. Here are some suggested questions:
- How long have you been in practice for?
- Do you have a good handle on legal malpractice in my state & city?
- Are there any perceived conflicts of interest?
- What types of payment plans do you have?
- What are the fees associated with hiring you?
- Do you foresee any major costs in the future?
- How long do you think I could expect this case to take?
- What are my options going in?
If an attorney is evasive with regard to answering these questions, or any other prospective client questions not listed above in this article, that might be a big red flag to look elsewhere.
Conclusion: Safeguarding Your Rights with a Skilled Attorney
Finding the right legal malpractice attorney in Seattle is imperative to making sure that there is someone in your corner who can protect your legal rights. Legal malpractice is an incredibly nuanced field of law that requires an attorney familiar with its complexities. As you search for representation, keep in mind that most attorneys offer free consultations to discuss your case. This is a perfect opportunity to find out whether or not they are a good fit for your needs. The first step toward securing an attorney is conducting regular research online and around your community. Find out which firms have years of experience handling these cases , such as those specializing in commercial law, civil law, or family law, and make a list of the potential candidates to consider more seriously during your initial consultation. Once you have identified the top options for legal malpractice attorneys in Seattle, it’s time to contact these firms about your legal situation.