Skilled Professional Negligence Attorney Serving North Carolina and South Carolina
When you hire a lawyer, you expect that lawyer to help you fight for your rights. When the lawyer fails to adhere to a certain level of professionalism, it can be not only disappointing but downright devastating for your case. If you think you’ve been harmed by your attorney’s incompetent actions, you may have a valid attorney malpractice claim. At the Tatum Law Firm, we believe it is important to help victims of attorney malpractice recover the monetary compensation they deserve. Diligent attorney malpractice lawyer Brian Steed Tatum represents clients injured by the negligence of professionals throughout North Carolina and South Carolina.
Lawyers Must Meet Standards of Professional Conduct
According to the ABA Standing Committee on Lawyers’ Professional Liability, the following areas of the law produce the highest number of malpractice claims: real estate, personal injury, family law, estate law, and bankruptcy. The report estimates that 10,772 real estate malpractice claims were filed between the years of 2008-11, when 8,260 personal injury malpractice claims were also filed.
Attorney malpractice is defined as an attorney’s failure to render legal services with the intelligence, prudence, and diligence that a reasonable lawyer would have used in similar circumstances. The legal profession is subject to high ethical standards. When an attorney falls short of these standards, it can be the difference between winning and losing your case. However, it is important to remember that just because you lost your case doesn’t always mean your attorney was negligent. In fact, even faulty strategy can be used in the course of ordinary lawyering. A showing of negligence requires showing that a prudent lawyer would have conducted him or herself differently in the same situation.
Establishing a Attorney malpractice Claim
To pursue a attorney malpractice claim, the plaintiff must prove that an attorney-client relationship existed. This can be as easy as showing the contractual agreement that existed between the lawyer and client, or in some cases showing extensive correspondence between them that would rise to the level of an attorney-client relationship.
Since malpractice cases are fact-intensive, it is important to consult an experienced attorney who can help you determine whether you have a valid claim. Generally, to win a attorney malpractice claim, the plaintiff has to establish that the lawyer made an error that no reasonable attorney would have made, and that the plaintiff would have prevailed in the case had the lawyer not made this mistake.
Examples of breaching the duty of care could include violating a fiduciary duty, violating the duty of confidentiality, or violating the relevant statute of limitations, which is the time limit within which a lawsuit can be filed. There are time limits within which a plaintiff can file a attorney malpractice lawsuit as well, so it is important to speak to a legal professional as soon as you are contemplating pursuing your claim. In North Carolina, for example, the statute of limitations for attorney malpractice is three or four years, depending on when the malpractice is discovered. Since statutes of limitations vary from state to state, it is best to contact an attorney in the state where your claim arose.
An Experienced North Carolina and South Carolina Attorney malpractice Lawyer Can Help
At the Tatum Law Firm, we take pride in helping our clients seek the justice and compensation to which they are entitled. We have helped many victims of incompetent lawyering pursue fair settlements for their injuries. Knowledgeable legal negligence attorney Brian Steed Tatum assists clients throughout North Carolina and South Carolina. We offer a free initial consultation through which we can assess the merits of your case and the best course of action for your specific situation. For further information or assistance, please do not hesitate to call us at 704-307-4350 or contact us online for a free case evaluation today.