Certain professions; the law and medicine being two good examples, are held to a higher standard of professional care and competence. Should a lawyer fail to provide clients the expected standard of practice as a result of negligence, breach of contract or breach of fiduciary duty these acts constitute legal malpractice. Clients who feel that their case was jeopardized by these or other acts can sue their former attorney for malpractice. To do so they will need to engage the services of a malpractice attorney in Houston. Malpractice attorneys can be engaged to represent either the plaintiff or the defendant in a legal malpractice lawsuit.
When a potential client first approaches a malpractice attorney in Houston the attorney will first assess the viability of a lawsuit. Some cases will be indisputable while others may be open to interpretation by the courts. During the initial meeting between the attorney and client, the attorney will review any supporting documentation and listen to the clients recounting of the events before deciding whether a legal claim exits or not.
Should the malpractice attorney agree with the client that there was legal malpractice; the attorney will file a claim in court on behalf of the client. The attorney will gather evidence of the alleged events that will eventually be used in court. The malpractice attorney will gather a copy of the contract between the client and the former lawyer, any invoices from the lawyer to the client and all correspondence sent from either party to the other. There may be a need to hire expert witnesses, depose witnesses and communicate directly with the attorney representing the other party in the action.
A malpractice attorney in Houston can be engaged to represent either an individual suing a lawyer or a lawyer defendant. In the event the client is suing his or her former lawyer the case will usually involve negligence, breach of contract or breach of fiduciary duty. In the event the client contends that the defendant lawyer was incompetent or negligent the malpractice attorney will develop a case that supports the contention that the client would have not lost the case if the former lawyer had of been competent.
In the event the malpractice attorney has been engaged to defend the former lawyer he or she will build a case that shows beyond doubt that the client acted in good faith, exercised due diligence and acted according to accepted professional standards. The objective is to show the court that the outcome of the case in question has nothing to do with the former lawyer’s lack of skill or attentiveness.
If you have reason to believe that your previous lawyer was negligent, broke the terms of the contract between you both or acted in some other fashion that jeopardized your case then you have the right to hire a malpractice attorney in Houston and sue your former lawyer. You are invited to contact the Kassab Law Firm to discuss your case.
