Birmingham, AL Legal Malpractice Lawyer

Birmingham, AL Medical Malpractice Attorney

It is never expected that a lawyer you hired to help you would do just the opposite. You put your faith and trust in your lawyer, and instead of representing you with the professionalism and integrity expected of them, they act with negligence. This kind of carelessness can hurt your case and cause you to lose. If this happens, your next step can be speaking with a Birmingham, AL, legal malpractice lawyer.

Working with the Tatum Law Firm, PLLC can give you the opportunity to hold your former lawyer accountable for their actions and get the compensation you deserve.

Why Tatum Law Firm, PLLC Is the Legal Team for You

You may not be willing to work with another attorney so quickly after such a bad experience but do not be discouraged. At the Tatum Law Firm, PLLC, it is our goal to earn and keep your trust by doing our job the right way. We represent each of our clients with professionalism and compassion while working diligently to get the most favorable results. We can help you take the next steps toward holding your former attorney accountable and preventing them from doing it to any other clients.

What Are Some Examples of Legal Malpractice?

There are a number of ways a lawyer can make a mistake or be negligent in their representation of a client. Some examples of legal malpractice include:

• Breach of fiduciary duty: When a lawyer knowingly or recklessly acts in a way that is not in the interest of their client, that is a breach of fiduciary duty. This neglect is a form of legal malpractice. Lawyers have a responsibility to always act in the client’s interest during representation.
• Missing deadlines: A missed deadline could prevent you from getting the justice and compensation you deserve from your case, especially when the deadline is to file a claim. A lawyer who does not file paperwork on time can be held liable for negligence, especially if they had ample time to meet the deadline.
• Breach of confidentiality: When you hire a lawyer, you establish attorney/client privilege, meaning most of what you tell your lawyer is confidential unless you give them permission to share the information. A lawyer who shares confidential information that does not fall into an established exception without your consent is violating attorney/client confidentiality.
• Overcharging fees: When you begin your relationship with a lawyer, you agree to a fee or hourly rate that you will pay in exchange for services. Sometimes, a lawyer will charge more than what you agreed on, showing a lack of integrity and honesty, two characteristics expected of all lawyers.
• Conflict of interest: A conflict of interest can really hurt your case, especially when it affects a lawyer’s ability to represent you. A lawyer who represents two clients on opposite sides of the same case, unbeknownst to the clients, creates a conflict of interest. Your lawyer has a duty to inform you of any possible conflicts of interest or if, for some reason, they cannot effectively represent you.
• Committing fraud: Lawyers should always be honest with their clients. When a lawyer purposely gives a client false information, and that client makes a decision based on that information, the lawyer has committed fraud. This is legal malpractice, and if it causes the client to lose their case or other adverse effects, the lawyer can be held liable.

Proving Your Legal Malpractice Claim

To win a malpractice case in Birmingham, AL, there are certain things you have to prove. Simply losing a case is not enough to prove a lawyer was negligent or committed malpractice. You have to show that:

• You agreed to pay the attorney a fee in exchange for their legal services,
• They committed malpractice, and
• Their malpractice caused you some form of harm.

The hardest part of proving a malpractice claim is showing that the lawyer’s malpractice directly caused you harm. If you lost your case because of malpractice, you must demonstrate that you would have won your case or had a more favorable outcome if it had been properly handled. A skilled attorney can assist you with proving this claim.

FAQs

Q. What Damages Can I Get From a Legal Malpractice Case?

A. A person can recover compensatory damages, punitive damages, and equitable relief from a legal malpractice case. Compensatory damages can include the compensation you would have received if your former lawyer had not been negligent, causing you to lose your case. Punitive damages are meant to punish the lawyer for their negligence and discourage other lawyers from doing the same thing. Equitable relief allows you to get back the fees you paid your former lawyer and have them fix the mistake that led to the malpractice.

Q. What Is Legal Malpractice in Alabama?

A. Legal malpractice in Alabama happens when a lawyer is negligent and fails to represent their client with the standard of professionalism that is expected of them. Lawyers should have the knowledge and experience to competently represent their clients. Furthermore, they should be professional and act with integrity while representing their client.

Q. What Is an Example of Malpractice That Could Lead to Legal Action?

A. An example of malpractice that could lead to legal action is when an attorney fails to meet the deadline to file a claim for their client. Their client could lose all legal rights to file that claim and, as a result, lose out on compensation that they might have gotten had the paperwork been filed on time. The client could take legal action against the lawyer, but they would have to prove that they would have won their case if their lawyer hadn’t missed the deadline.

Q. What Is It Called When a Lawyer Makes a Mistake?

A. When a lawyer makes a mistake that is below the level of competence expected of a legal professional, it is called legal malpractice. However, not all mistakes made by lawyers are malpractice. Some mistakes can be minor, but the ones that result in any harm to the client are considered malpractice.

Explore Your Options With a Birmingham Legal Malpractice Lawyer

Having a bad experience with a lawyer whom you put your trust in can make it difficult to put your confidence in another legal professional. At Tatum Law Firm, PLLC, we can dedicate our time and efforts to making sure you get all the compensation you deserve for the damages you suffered. Schedule a consultation with us to go over your case and determine your next steps.