Legal malpractice is when an attorney inappropriately handles a case due to negligence or with the intent to harm and causes some form of damage to a client. Since the practice of law is complicated, legal malpractice cases often involve more than a simple, harmless mistake your attorney made while representing you. If you feel the actions of your lawyer were unreasonable and detrimental to your case, speak with our Maryland civil litigation attorney to determine whether you may have a viable case.
When you are wronged by a professional (such as a lawyer, doctor, or real estate agent) with whom you have a professional relationship, you have the right to pursue a civil litigation suit against them. The Brennan Law Firm, LLC has the skill to counsel you through a civil suit and fight for you when needed. We can assist you in a wide variety of cases to bring you justice! Contact us today if you need a lawyer for a malpractice suit.
You will need to be able to prove that you had an attorney-client relationship in the first place to have a viable claim. This usually involves a written contract or agreement (an "engagement letter").
Common forms of malpractice include:
A successful malpractice suit will also need to establish that a reasonably prudent attorney with the ability necessary to represent you would have made a different decision than your lawyer did and that the result would have been better for you. An ethics violations, though a breach of duty, does not itself provide grounds for legal malpractice, but often negligent actions are, themselves, ethical violations.
For you to recover at trial, our Maryland civil litigation attorney will have to prove that had your attorney not been negligent or acted wrongfully, you would have been successful in your original case. This can be difficult to prove, and you may need to obtain the testimony of another attorney to attest to how your attorney violated certain standard practices. In many circumstances, you must prove a "case within a case"—both the case against the careless lawyer and the case that the lawyer was handling.
Because of this, Mr. Brennan approaches legal malpractice cases with caution and advises you to do the same. Many legal malpractice attorneys operate on a contingency fee structure; that is, the attorneys invest their time and money and collect their fee from any funds collected. Mr. Brennan does not operate on this basis. As with his other practice areas, Mr. Brennan charges hourly for his legal malpractice services, and the client must pay litigation expenses. Further, he charges from the outset since a significant amount of time is often needed to evaluate the merits of a potential legal malpractice case.
Therefore, it is possible that Mr. Brennan may do a sizable amount of work for you (at your expense), only to come to the opinion that the case would not be worth pursuing--whether because the attorney's conduct was not clearly negligent (or dishonest) or because of the difficulty in proving what damages you suffered as a result of the negligence. If you keep these things in mind, however, Mr. Brennan is happy to talk over your case with you at a preliminary flat-fee consultation; the goal of this initial consultation is to help you decide whether to invest in engaging our services to go deeper into the matter.
The Brennan Law Firm, LLC is here to fight for your rights when your attorney has egregiously mishandled your case. Speak with a legal malpractice attorney in Maryland if you feel your lawyer has "dropped the ball" and harmed you.