Atlanta Legal Malpractice Lawyers

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    Lawyers must act in their clients’ best interests. If they don’t, and their actions harm their clients, they’ve committed malpractice. If your lawyer committed malpractice, you need to hire an Atlanta legal malpractice lawyer.

    At Allen & Scofield Injury Lawyers, we believe that every client deserves competent legal representation. We’ll help you win justice if your lawyer committed legal malpractice.

    Call us today at (404) 419-6674. Also, you may contact us through our online form to schedule a free case review witn an Atlanta legal malpractice lawyer.

    What Is Legal Malpractice?

    Legal malpractice typically occurs when your lawyer neglects your case. For instance, if your lawyer files your lawsuit on the day that the statute of limitations expires he must timely serve each defendant. “Timely service” means that your lawyer usually must make a service attempt each day until he serves the defendant. If your lawyer takes a vacation and doesn’t attempt to serve the defendant for a week, the court will likely dismiss your lawsuit. If the court dismisses your lawsuit, you can’t recover compensation from the defendant that injured you. However, you can sue your lawyer for legal malpractice.

    Not every form of attorney neglect constitutes legal malpractice. For instance, many potential clients call us and report that their attorneys never returned their phone calls. That’s a good sign that you should fire your attorney. You deserve a lawyer that properly communicates with you. However, it doesn’t necessarily mean that your attorney committed malpractice.

    Other potential clients call us after they’ve received a bad result in their case. Perhaps, they lost at trial. Or, their case settled for less than they expected. If attorney neglect caused those outcomes, you may have a legal malpractice case. However, most cases go to trial because reasonable minds disagree about the case’s value. Thus, if you receive a bad trial result, it may just mean that the jury didn’t think your case was as valuable as you and your lawyer did.

    Common Legal Malpractice Examples

    Our legal team at Allen & Scofield Injury Lawyers has litigated many types of legal malpractice cases. Below are some of the common ways that lawyers harm their clients’ cases. If you suffered a bad outcome because of one of these errors, you should call us ASAP.

    Common attorney misconduct:

    • Failure to Know or Appropriately Apply the Law
    • Planning or Strategy Errors
    • Inadequate Investigations
    • Inadequate Discovery Participation
    • Missed Deadlines
    • Procrastination or Undue Delay
    • Failure to Obtain Client Consent
    • Improper Withdrawal From a Client’s Case
    • Conflicts of Interest
    • Libel or Slander of a Client
    • Discrimination, Harassment, or Other Civil Rights Violations
    • Mathematical Errors
    • Public Search Errors
    • Inadequate Client Communication
    • Lost Documents, Evidence, or Client Files
    • Improperly Delegated Work
    • Fraud
    • Mismanagement of Client Funds

    How Our Atlanta Legal Malpractice Lawyers Can Help You

    Our legal malpractice lawyers will strengthen your claim in several ways. Here’s how:

    • Evaluating Liability: First, we’ll obtain your former lawyer’s case file. Then, we’ll review the evidence and determine whether you had a strong case. Next, we’ll scrutize every decision that your lawyer made. If you would’ve obtained a good result but for your lawyer’s mistakes, we’ll hire a legal malpractice expert to give us a second opinion. If that expert agrees with us, we know you’ve got a solid legal malpractice case.
    • Calculating Your Case’s Value: The value of your legal malpractice case is determined by the value of your underling claim that failed due to attorney misconduct. So, if your underlying case arose from an auto collision, your damages typically include your medical bills and pain and suffering.
    • Negotiating A Settlement: Once we’ve investigated your case and evaluated your damages, we’ll negotiate with your former lawyer’s legal malpractice counsel. Most lawyers want to avoid being a defendant in a legal malpractice lawsuit. Therefore, many legal malpractice cases settle prior to lawsuit. However, if your former lawyer and his legal counsel won’t negotiate with us, we’ll file a lawsuit.
    • Litigation: If your case doesn’t settle pre-suit, we’ll get a sworn affidavit from a legal malpractice expert and file your case. Next, we’ll depose your former lawyer and establish that they mishandled your case. You’ll be deposed, as well, so that you can tell your story and explain the harms you suffered. Your case might settle after those depositions. If not, we’ll take it to trial and recover the compensation you deserve.

    Our Atlanta Legal Malpractice Lawyers Can Help You

    If you’re a legal malpractice victim, we can help! Call us today at (404) 419-6674 to schedule a free case review. Our Atlanta legal malpractice lawyers will help you win justice.

    Learn More About Allen & Scofield Injury Lawyers, LLC

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    How to File a Legal Malpractice Lawsuit

    If you want to file a legal malpractice lawsuit, you should contact an Atlanta legal malpractice lawyer. Your lawyer will evaluate your potential claims. If you have a valuable claim, your lawyer will accept your case. Then, they’ll attempt to resolve it. If your case isn’t resolved pre-suit, your lawyer will file your lawsuit. Your lawsuit can be filed in the county where your former lawyer resides. It can also be filed in the county where the law firm has an office.

    The lawsuit begins when your lawyer files the complaint. The complaint identifies you, as well as the lawyer and the law firm that committed malpractice. The complaint also explains the support for your legal malpractice allegations. Additionally, it specifies the damages you seek to recover. You must attach a sworn affidavit from a legal malpractice expert that is prepared to testify on your behalf.

    If you hire our firm, we’ll make sure that your lawsuit is properly filed and served. Then, we’ll obtain documentary and testimonial evidence that supports your claims. If your former lawyer’s malpractice insurance carrier doesn’t offer you a fair settlement, we’ll take your case to trial.

    How Do I Prove My Legal Malpractice Case?

    In order to successfully resolve your case, you must demonstrate that your former lawyer was at fault and legally responsible for your damages. Specifically, you must prove the following elements:

    • You and the defendant had an attorney-client relationship.
    • The defendant failed to exercise ordinary care, skill, and diligence in your case.
    • The defendant’s actions, or inactions, are responsible for the bad outcome.
    • If the defendant hadn’t neglected your case, you would’ve had a favorable outcome.

    It’s difficult to prove fault by yourself. In fact, your lawsuit will be dismissed if you don’t attach an expert affidavit to the complaint. Even if you have an expert affidavit that supports your claim, your former lawyer will deny liability. He may even hire his own legal malpractice expert to testify that his errors were harmless. Additionally, you also have to prove that you would have won the underlying case. Your former lawyer may contend that victory was uncertain because you had a weak case.

    Don’t proceed on your own. Hire an Atlanta legal malpractice lawyer that will hold your former lawyer accountable.

    Legal Malpractice Damages

    Your legal malpractice damages are comparable to the damages you would’ve obtained if you won the underlying case that your lawyer mishandled. Additionally, you can recover the costs that you’ve spent pursuing your legal malpractice claim. You can also recover punitive damages if your prior lawyer’s misconduct was grossly negligent or egregious.

    ★★★★★
    "Charles is an excellent trial attorney who possesses a unique talent to hone in on the significant issues and turn the Defendant’s strengths against them. Charles is as honest as the day is long and works tirelessly to ensure that his clients receive all that is possible. While no lawyer is perfect, Charles strives to be as good a lawyer as there is on this planet, and he succeeds!"
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    Legal Malpractice Statute of Limitations

    There is a four-year window to file Georgia legal malpractice claims. The statute of limitations (SOL) typically begins to run when the misconduct occurred. So, if the court dismissed your case because of your lawyer’s error, the SOL would begin to run on the date that the court filed the dismissal order. However, if your lawyer fraudulently concealed their misconduct from you, the statute of limitations is tolled until you discover the fraud.

    You should speak with an experienced Atlanta legal malpractice lawyer ASAP. That way, your malpractice lawyer will have sufficient time to evaluate your claim and, if necessary, file and serve your lawsuit.

    Contact Allen & Scofield Injury Lawyers Today

    If you lost your case or obtained a small settlement because of your previous attorney’s misconduct, we can help you. The lawyers at Allen & Scofield Injury Lawyers have successfully litigated legal malpractice claims for decades. We’ll make sure you obtain justice.

    Call us today at (404) 419-6674. Also, you may fill-out our online contact form to schedule a free case review with an Atlanta legal malpractice lawyer.