legal malpractice lawyers phoenix arizona  
 
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Adams & Clark, PC
Attorneys at Law

Suite 200
520 East Portland Street
Phoenix, Arizona 85004

(602) 258-3542
(602) 258-1377 FAX

 

Proof of Legal Malpractice

 

Some clients do not become aware of legal malpractice until they discover that they have not been successful in the lawsuit. The failure to recognize the lawyer’s negligence is not usually the client’s fault because the law is very complex and most clients are unfamiliar with the law. That is why they hire lawyers in the first place.

Types of Legal Malpractice

  • Failure to file the suit within the Statute of Limitation
  • Excessive fees
  • Failure to safe-keep important papers
  • Lack communication with Client
  • Loss of a valid case

Emotional Distress Can Be Sought in Legal Malpractice Cases

After losing your case because of your lawyer’s conduct, there may traumatic emotional stress. You may be entitled to compensation.

The Rules for Proving Actual Damages in Legal Malpractice

Proving actual damages is a two step process. First, one must consider establishing the monetary loss. Damages must be affirmatively established by the aggrieved client. Damages are not presumed and the client bears the burden of showing that damages resulted.

When the client’s case is lost or the settlement is less than what was reasonable, recovery is limited to the property interest lost as a result of the alleged malpractice, an amount necessarily limited to the net amount the plaintiff would have ultimately recovered in the underlying case.

A separate element for possible recovery is the attorney fees that are incurred in efforts to undue the damages caused by the malpractice.

Where an attorney has been engaged to defend an action and the action is lost through the attorney’s negligence, the amount of the judgment suffered by the client is, generally, a proper element of recovery in a malpractice proceeding against the attorney.