Common Myths About Suing Your Lawyer For Legal Malpractice

Key questions that are addressed in this article:

• How difficult it is to win a legal malpractice case in Louisiana.
• Whether you can sue your lawyer for malpractice in Louisiana if they provided free legal services.
• Whether solo attorneys can be sued for legal malpractice in Louisiana.

Why Can Winning A Legal Malpractice Case In Louisiana Be So Difficult?

Filing and winning a legal malpractice lawsuit in Louisiana takes a significant amount of time, effort, and experience. This is because courts require more than just proof of an attorney’s mistake. Plaintiffs must also prove that the error was in line with these primary elements:

• It constituted a breach of duty.
• The lawyer´s conduct fell below the standard of care expected of a competent legal professional.
• These actions directly caused harm to the client.

Referred to as a “case within a case” standard, this means you must show that you would have won or had a favorable settlement if the negligence had not occurred. Without a skilled legal negligence attorney and insight from expert testimony, claims will likely fail due to a lack of sufficient strategies.

Is Legal Malpractice Mostly A High-Profile Problem?

While the media often puts a spotlight on large corporate disputes and celebrity lawsuits, in reality, most legal malpractice claims in Louisiana arise from everyday cases. This includes divorces, real estate transactions, small business affairs, and personal injury lawsuits.

Mistakes like missed deadlines, bad legal advice, and a lack of communication can all cause devastating repercussions for clients with limited resources. Legal malpractice impacts average Louisianans just as much as high-profile litigants. This just goes to show that it´s not about the size of the case, but the seriousness of the harm caused by the attorney´s actions.

Can You Sue A Lawyer For Malpractice In Louisiana If Their Service Was Free?

Even if the attorney provided their services pro bono or through legal aid, you may still have grounds to sue for legal malpractice in Louisiana. Attorney-client relationships still carry a standard of legal duties whether or not money is exchanged. Such duties include competent representation, professional communication, and skilled case management.

Lawyers working for free who fail to meet these requirements and cause harm in the process are just as liable as a paid attorney. However, demonstrating financial damages can be difficult. That´s why consulting a legal negligence attorney to evaluate the overall situation and the potential for recovery is vital to the success of the case.

Attorney Jesse Wimberly of Wimberly Law Firm in Mandeville, LA, understands how complex and frustrating it can be to pursue a legal malpractice claim. With decades of experience holding negligent attorneys accountable, he helps clients across Louisiana navigate these emotionally and financially difficult situations with skill and determination.

If you believe your lawyer’s mistake caused serious harm whether they were part of a large firm or a solo practice Jesse Wimberly is prepared to evaluate your case and fight for justice on your behalf.

Contact him today for a confidential consultation.

How Hard Is It To Prove Legal Malpractice In Louisiana?

Proving legal malpractice in Louisiana can be a challenging task to accomplish. Four primary elements must be established by plaintiffs: a duty to the client, a breach of that duty, that this breach caused harm, and that damages resulted.

The hardest of these to prove is typically causation – which shows the lawyer’s mistake altered the outcome of the case. Expert legal analysis is required by reconstructing the case to analyze how it should have transpired.

Without solid evidence and testimonies from other legal professionals, the court may assert that the harm was speculative and unrelated to the actions of the attorney. Success in these cases often depends on whether a malpractice lawyer in Louisiana can connect the error to real loss in a convincing way.

Can You File A Legal Malpractice Claim Against A Solo Attorney In Louisiana?

Yes, solo attorneys can absolutely be held to the same professional standards as large firms. In fact, many malpractice lawyer claims in Louisiana involve solo practitioners who are overwhelmed with their workloads or lack administrative support.

From missing filings and failing to attend court to unreturned calls, solo attorneys can be liable if client harm arises from negligence. Size does not free them of legal responsibility. If you believe you were harmed by a solo lawyer´s missteps, a legal negligence attorney can help you file a formal claim against them.