Huntersure

3 Areas of Probability in Attorney Malpractice

Attorneys provide legal services to both those who are victims or perpetrators of crime, but there can be times when the verdicts don’t work out in favor of the client. When something adverse occurs, a lawyer is more susceptible to a  lawsuit seeking damages or retribution. For these situations, malpractice insurance for lawyers becomes an important part of the defense.

When lawyers come under attack by their clients, it is usually filed as a malpractice claim. The victims argue that the attorney made errors that cause irreparable harm or damage. However, the true test of malpractice whether or not the action taken was contrary to the ordinary skills needed or used by other lawyers to handle the case.  According to the experts at Huntersure, there are four areas that must be proven in a case against an attorney.

  1. There must be proof that the attorney has a responsibility and duty to act in a certain manner.
  2. There was a breach in duty, in that the actions were negligent, they were a mistake, or they were done in ignorance.
  3. There must be causation and demonstrable proof that this conduct has caused financial loss.

If these areas can be successfully proved, then the client stands a good chance in court. Carrying a full insurance plan can help with the costs if you find yourself in this situation.