Legal Malpractice Defense
Although an attorney regularly brings claims on clients’ behalf alleging negligence relating to the action and inaction of others, they are not immune from similar complaints and lawsuits from the clients they represent. Notwithstanding a lawyer’s best efforts, a client may nevertheless bring claims against that attorney alleging negligence and a breach of fiduciary duty. Sometimes the legal malpractice suit stems from a verdict or outcome that’s unfavorable for the client, or a change in position by the client after the fact, other times it is a counterclaim in an attorney fee dispute suit. In other words, a legal malpractice claim can result from any type of case where a lawyer represents a client from simply drafting a Will, to a negotiating a real estate deal, or representing a client in a complex litigation action.
As we all know, sometimes even a thoroughly prepared and well-argued case simply does not lead to a result in favor of your client. Still, lawyers often face meritless legal malpractice claims simply because a case wasn’t a success. A dissatisfied client may allege negligence and breach of fiduciary duty by the attorney for a multitude of reasons including:
- failure to get the client’s permission before agreeing to a plea bargain or settlement
- nondisclosed conflict of interest
- drafting errors in documents such as trusts and contracts
- missed statute of limitations (or late filing of a motion or a lawsuit)
While some legal malpractice claims have merit, others do not and if there is a valid claim, often the damages are not that which is alleged. Most legal malpractice cases involve claims valued at millions of dollars. We are aware of the financial consequences involved when a lawyer or their law firm is facing a legal malpractice lawsuit. We will vigorously defend you.
Whittingham Law can Help. If you are facing a legal malpractice claim, we will defend you.