How to Prove Legal Malpractice in Connecticut
When you hire a lawyer, you put them in a position of trust to help you through a tough time.
Lawyers have a duty to provide each client with competent representation.
The Connecticut Bar Association’s rules of professional conduct require that lawyers have the necessary ability, knowledge, and skill to effectively advise and advocate for a client’s interests.
Every attorney should know the duties they owe their clients and make every effort to uphold them.
Unfortunately, this is not always the case, and you may want to seek further legal advice if you believe your attorney committed legal malpractice.
Here we take a closer look at how to prove legal malpractice and what to be aware of.
To speak with an experienced Connecticut legal malpractice lawyer, please call (860) 561-0651 or fill out our online form today.
Key Points
- To prove legal malpractice, you must establish duty of care, breach of duty, causation, and damages, showing that the attorney’s negligence directly harmed your case.
- Expert testimony often plays a crucial role by explaining how a lawyer’s actions deviated from accepted professional standards.
- Victims of legal malpractice in Connecticut may seek compensation for losses or fee reimbursement, but must act quickly before the statute of limitations expires.
Our Practice is Limited to Connecticut
We handle Connecticut legal malpractice claims. We won’t review cases where financial losses are less than $100,000.
Elements of Legal Malpractice
Proving legal malpractice involves the specific elements of negligence.
Duty of Care
The first element is proving that the attorney owed you a duty of care.
Attorneys are expected to provide competent and diligent representation.
So, establishing this duty might be as easy as showing that you paid and hired the lawyer—thereby establishing the attorney-client relationship that triggers the duty of care.
Breach of Duty
Once you establish a duty of care, the next step is to demonstrate that the attorney breached this duty. Breach of duty occurs when the attorney fails to meet the standard of care expected in similar situations.
This could involve:
- Errors in legal strategy,
- Missing filing deadlines that affect the outcome of your case,
- Inadequate legal knowledge,
- Undisclosed conflicts of interest, or
- Inadequate preparation.
This list is not exhaustive, so seek the advice of a legal malpractice attorney if you have any questions about what constitutes a breach.
Causation
Next, you must prove causation, showing that you would have obtained a better result had the attorney not breached their obligation. You must establish a direct link between the attorney’s breach of duty and your harm. It’s not enough to show that the attorney made a mistake; there must be a clear connection between the negligence and the negative consequences.
Damages
Finally, legal malpractice claims require proof that you suffered actual damages. These damages can include financial losses, emotional distress, or other harm that resulted from the attorney’s negligence. It’s crucial to document and quantify the extent of these damages for a successful outcome.
Expert Testimony and Proving Legal Malpractice Claims
One of the most powerful pieces of evidence a client can provide in a legal malpractice case is expert testimony. An expert in the relevant legal field can be called upon to provide insights into the standard of care and how the attorney’s actions deviated from it. This expert testimony can greatly boost a client’s case if the legal matters in question are particularly complicated.
Potential Remedies and Next Steps
In Connecticut, remedies for legal malpractice may include financial compensation for losses, reimbursement of legal fees—or, in extreme cases, the nullification of the attorney’s fees. Most law firms and attorneys carry legal malpractice insurance to cover such incidents.
Sadly, though, lawyers are not required to have insurance. Ask an attorney how much insurance they have for errors before you hire them. If you suspect you have been a victim of legal malpractice, it’s essential to seek the advice of a legal malpractice attorney promptly.
Consulting with a professional will help you assess the strength of your case, understand your rights, and determine the appropriate course of action. A lawyer can help you determine the deadline to file the case before you lose your rights under the Statute of Limitations (what we call the SOL rule).
Contact an Experienced Connecticut Legal Malpractice Lawyer
When you hire an attorney, you’re placing your trust in them. If they fail to meet their professional duties and your case suffers a negative outcome as a result, reach out to the team at StangerLaw LLC.
We take pride in helping our clients recover just and proper compensation and will fight for your rights every step of the way.
Give us a call at (860) 561-0651 or send an online message today to get started.
