Jackowiak Law Offices - Legal Malpractice

Legal Malpractice

Attorneys can make mistakes.  When lawyers make errors, sometimes their clients are permanently harmed.  What can that client do?  As ironic as it sounds, the client can hire another attorney to advance his claims of damage against the lawyer who made the mistake. 

At that point, the attorney who made the error will contact his insurance carrier that provides malpractice coverage, and the insurance company's representatives together with the malpractice defense counsel will advance a defense against the client's claims.  While many legal malpractice cases are negotiated into a settlement in the early stages, there are occasionally fully filed lawsuits and jury trials based upon allegations of lawyer error. 

When an attorney gives legal advice or provides legal representation to a client in a neglectful way, and causes harm to his client, then he may have committed professional negligence, i.e., "legal malpractice," and the client will legally have the right to assert a claim against the lawyer.

Legal malpractice claims must demonstrate four things: 

  1. a valid attorney client relationship;
  2. the attorney's actions (or lack of action) fell short of the minimum professional standards of attorneys in his community and area of practice;
  3. harm to the client resulted; and
  4. the harm can be proven under standard legal methodologies (i.e., in dollars and cents). 

One of the most common examples of lawyer error is failing to file a lawsuit until after the legal deadline ("statute of limitations") has passed.  Other common bases for legal malpractice lawsuits include failing to preserve a client's right to an appeal; failing to properly confirm clear title to property; and failing to gather and present proper evidence during a criminal defense trial (leading to "ineffective assistance of counsel" claims). 

Having legal counsel at your side can level the playing field as well as lessen the stress level in these situations.  Experienced attorneys can be invaluable in defining and pursuing claims of lawyer error or legal malpractice.

Contact Us - Chicago Legal Malpractice Attorneys

If you or a loved one has been injured as the result of attorney error or lawyer mistake, please contact us for a free consultation.

> Go to Civil Rights overview