Hiring an attorney is an important process, and one that many people put a lot of effort into getting right. However, even if you thought you hired a reliable attorney, there is always the chance you will encounter problems. Californian law is such that, if your attorney is guilty of malpractice, you may be able to claim damages. This means that if you have hired a Los Angeles criminal attorney to deal with your case, and they do not carry out their duties according to law and procedures, you may be able to take action against them.
It's important to note that a malpractice suit will not be successful if the original case had no merit. If the original case would not have been successful, even if the attorney had acted correctly, there is no chance of a malpractice suit being successful.What are the main causes of a malpractice suit?
Malpractice most often occurs when an attorney fails to file according to deadlines, and the case is thrown out as a result. Malpractice can also occur if an attorney fails to enter a plea on behalf of a client. You may also want to take action if your attorney fails to raise a legitimate defense on your behalf. If you have any doubts about whether malpractice has occurred, you should speak to an expert in the area of legal malpractice.What do you have to prove?
It's worth noting that, although malpractice suits can be initiated, they can sometimes be difficult to prove. You need to be able to prove that:
The attorney should act in a skillful and diligent manner; as appropriate to their occupation.
- The attorney did not act in the appropriate manner.
- The actions of the attorney caused damages to be due.
- Damages actually exist.
Proving all of this is not easy, but it can be done.How long do you have to file a suit for malpractice?
There are timescales that you need to meet, if you want to file a suit for malpractice. You need to do so within four years of the malpractice taking place, or within twelve months of the discovery of malpractice, whichever is earlier. You need to ensure you meet these deadlines; except when certain exclusions apply. You can find out more about theses exclusions by reading California Code Civil Procedure § 340.6(a). Here you will find all of the information you need about the deadlines you need to meet.
Being successful in a legal malpractice suit is not easy; you need to make sure that you have all of the proof in place. If you feel that you have been the victim of legal malpractice, and that damages are due, you should speak to an expert for advice. You need to make sure that you get all of the advice, support and representation you need, in order to give yourself the best chance of being successful.