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Legal Malpractice

Sadly, legal malpractice is a growing area of law and unfortunately not one that many attorneys are willing to handle. Handling a legal malpractice claim requires extensive knowledge of many areas of law, attorney ethics and responsibilities. Our legal malpractice attorneys take great pride in their work and are dedicated to the highest professional standards. For over 25 years we have worked with clients just like you to achieve success.

What is Legal Malpractice?

Attorneys are licensed professionals that are obligated to represent their clients to a certain standard. When an attorney fails to do so, it may be legal malpractice. Legal malpractice loosely encompasses attorney negligence, carelessness and unethical conduct.

  • Most Common Areas of Legal Malpractice
  • Failure to meet court deadlines
  • Failure to timely file documents: deeds, UCC, Security Agreements
  • Failure to act within Statute of Limitations
  • Negligently drafted Legal documents
  • Abuse or misuse of client trust funds
  • Failure to know the law or perform adequate research
  • Failure to properly advise the client
  • Failure to communicate with client

Why is Legal Malpractice Difficult to Prove?

Legal malpractice is very different from other types of law because it’s a “case within a case”. You must not only prove that the attorney was negligent, you must also prove that “but for” the negligence the client would have had a better outcome.

There are four main elements to a legal malpractice claim. First, you must prove there was an attorney client relationship. Second you must prove the attorney was negligent. Third, that as a result of the negligence/malpractice you suffered damages/injury. Lastly, you must show that without the attorney’s negligence, the case would have been successful. This is the most difficult aspect and requires great skill. Not only do you need to be successful in proving legal malpractice, you must also prove that the original case could have been successful without the attorney having commited malpractice.

What is the “Attorney Judgment Rule”?

Attorneys are professionals and therefore are granted significant leeway to make reasoned decisions about what, when and how to pursue a defense or legal claim. Attorneys are not liable if, in spite of their reasoned judgment, your defense or action is not successful. Therefore, just because you were not successful, it does not mean your attorney was negligent and commited malpractice.

How Can We Help?

If you are a victim of an attorney’s malpractice, contact Chapman and Associates immediately for a consultation with an experienced legal malpractice attorney at our Michigan or Florida office. We will review the facts, discuss your options and, when appropriate, aggressively prosecute your legal malpractice claim. We can help you recover the damages you deserve.

Many attorneys have insurance to protect against legal malpractice claims; therefore, we are able to settle many meritorious claims without going to trial.

Important!

The statute of limitation for legal malpractice is two (2) years in Michigan and Florida from the date the cause of action is discovered or should have been discovered. Therefore, it is very important that you call us immediately to review the facts of your case and determine if you have a legal malpractice claim against an attorney.

Chapman and Associates accepts most legal malpractice cases on a contingent or modified contingent fee basis. We do expect our clients to pay all costs and expenses.

Please call us at (248) 644-6326 to schedule a consultation with a legal malpractice attorney in Michigan or (866) 238-0203 for a legal malpactice attorney in Florida.

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Lead Legal Malpractice Attorney

  • Ron Chapman
  • Ron’s primary practice is in the areas of legal malpractice, civil rights defense, business and commercial litigation, financial fraud and white collar crime. Ron actively practices in Michigan and Florida.
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