Even attorneys, unfortunately, occasionally make mistakes. that cost their customers money. Oklahoma Legal Malpractice Attorney at Dakota Low is here to help.
Malpractice in the Legal Field
A lawyer commits legal malpractice when he or she fails to follow the rules, or fails to follow a standard of care that is typical in the legal profession.
What You Should Know
Unfortunately, even the best-intentioned attorneys sometimes make mistakes. Legal malpractice occurs when a lawyer fails to operate with conventional caution and the client suffers a loss of case or is forced to settle for a considerably lower price.
Legal malpractice lawsuits are tricky because the client may now have to establish two things: that the lawyer was negligent and that the case would have turned out very differently if the lawyer had not been negligent.
A Potential Conflict of Interest
An attorney may represent two clients with opposing interests at the same time. When an attorney represents both the passenger and the driver in an automobile accident, and there is a question of fault, this can happen. Or when an attorney’s several clients have little insurance proceeds. It can also happen in the workplace, where an attorney represents opposing parties to a contract or agreement that the attorney prepared.
A conflict of interest can be a major breach of an attorney’s duty, resulting in the loss of attorney fees as well as additional damages.
Is It Possible for Me To Switch Attorneys?
The client-attorney relationship may not always be what the client deserves. A client in Oklahoma has the right to fire his or her lawyer at any time and for any cause. Unless the termination was for good reason, the attorney may still seek to enforce his fee arrangement. If an attorney fails to return calls, keep a client reasonably informed, vigorously advocate for the client, or immediately distribute client monies, there may be strong reason to terminate the fee arrangement.
If you believe you have solid reason to fire your lawyer, contact our Oklahoma legal malpractice attorney now for a free and confidential consultation about your options.
The Most Common Legal Malpractice Claims to Be Aware Of
Because they frequently entail a lawsuit or sophisticated business transactions, legal malpractice cases usually have multiple layers. It is up to the court and jury to determine whether the lawyer in question acted carelessly, but there are a number of factors that can aid this endeavor. While not every mistake a lawyer makes will lead to a lawsuit, there are a few frequent ways for lawyers to make mistakes and raise their chances of being sued:
- Deadlines that were not met
- Financial mismanagement
- Insufficient investigation
- Inadequate research (such as failing to talk to a specific witness)
- Inadequate communication or mistakes made during the communication process
- A lack of understanding
- Non-compliance with the law
- Absence of consent
- Failure to follow directions to the letter
- Mistakes in strategy
- Mistakes made during the case’s planning phase
- Potential for a conflict of interest
- A lawyer who ignores his or her client
Proving Legal Misconduct
To prove legal malpractice, you must be able to show the following:
- The lawyer owes a duty of care to his or her client.
- The lawyer’s duty of care was violated.
- The lawyer directly harmed the client by breaking that responsibility.
To summarize, you must show that you had a legal relationship with the attorney and that this person failed to uphold the legal profession’s standard duty of care.
If you need help, contact an Oklahoma legal malpractice attorney at Dakota Low for a free consultation.
Oklahoma Legal Malpractice Attorney
We take great pleasure in adopting a transparent, honest approach to every client at The Law Office of Dakota Low. One of the most important components is communication, which you can count on us to maintain.
Schedule a free consultation with our Oklahoma legal malpractice attorney or call us at 405.601.8899 for a free case evaluation or if you have any questions regarding bringing a legal malpractice lawsuit in Oklahoma. If you believe your lawyer acted negligently and your case suffered you need our help!