text: Filing a lawsuit against a former attorney is a difficult decision but may be the only way that a person can recover for their harms and damages. It’s understood that not all cases will be a success, no matter how skilled a lawyer is or how diligently they defend the interests of their clients.
  However, actions by an attorney that do not meet the standard of care and that result in client losses could be the basis for a legal malpractice case.
  Lawyers, like other professionals, are required to practice the law pursuant to the standard of care. For instance, an attorney must file a lawsuit on behalf of their client before the statute of limitations has run or their client may lose their case. Failure to do so would be negligent since legal professionals are expected to have knowledge of statutes of limitations or are required to instruct their client of the limitations of their expertise and the need to consult another attorney on other legal issues. Providing poor advice that goes against a client’s best interests may also be considered negligent, depending on the nature of the advice.
  When these negligent acts result in damages, the client could have grounds for a malpractice case. Damages can include what the client’s value of his or her underlying case. Also, depending on the type of legal malpractice, a claim for attorney’s fees or other out-of-pocket expenses may be compensable as well.
  Not all malpractice cases involve negligence. There are many grounds that can serve as the basis for a malpractice case:
  Fraud – Fraud occurs when an attorney hides certain facts or information involving the case from his or her client. Concealing information can affect the outcome of the case if the client takes action without having all available information to make a reasonable decision.
  Breach of Fiduciary Duty –As a fiduciary of their clients, attorneys are bound by ethics which ensure a trustworthy relationship. Fiduciary breaches often occur when an attorney has a conflict of interest in a case. The attorney may make decisions in his or her own best interest rather than in the best interest of the client.
  Negligent Misrepresentation – Similar to acts of fraud, misrepresentation occurs when a legal professional misrepresents certain facts or information in an attempt to get the client to take a specific action.
  Martinez, Hart, Thompson & Sanchez, P.C. has earned the respect of peers as well as clients over the years. Our expansive understanding of the law allows us to review the facts surrounding your case, as well as to assess the conduct of your previous lawyer. From there, we’ll develop a legal solution that best suits your needs.