Malpractice is the term used to describe when a professional person fails to follow the standards and rules of the profession. Legal malpractice occurs when a lawyer fails to follow the standards and rules of the legal field and as a result causes harm and losses to the client.
The Connecticut malpractice attorneys at Tremont & Sheldon are skilled in handling legal malpractice cases. A number of years ago our firm had to decide if we would be one of the few law firms in the state of Connecticut to bring claims on behalf of persons who were financially damaged by an attorney's neglect or dishonesty. We concluded that it would be hypocritical of us to require doctors, motorists, and manufacturers to follow the law, but allow lawyers to break the law and get away with it.
Tremont & Sheldon is recognized throughout the state of Connecticut as a leader in legal malpractice. Please contact the legal malpractice lawyers at Tremont & Sheldon to evaluate your case.
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Common Questions About Legal Malpractice
- How do I know if I have a legal malpractice case?
If you are harmed because of the fault or wrongful conduct of an attorney, you may have the right to bring a lawsuit to recover money damages for your losses. Some examples of the type of conduct that may justify a legal malpractice claim include the failure to file a case in court within the statute of limitations – the time limit set by law for bringing a particular type of case; the failure to timely file notice of a claim against a municipality or the state for injury due to a defective highway or sidewalk; and the failure to timely file notice of an underinsured motorist claim for injuries suffered in a motor vehicle accident.
- How long do I have to file a legal malpractice case?
Under Connecticut law, you generally have three years from the date of the negligent act or omission of the attorney to file a legal malpractice lawsuit against that attorney. The time limitation for filing a legal malpractice lawsuit may vary, however, depending upon the particular facts of the case. It is therefore a good idea to consult with a legal malpractice lawyer as soon as possible to determine if you have a case and to make certain that your case is not time-barred.
- What am I required to prove in a legal malpractice case?
In a legal malpractice case, you first need to prove that the attorney violated the standard of care, that is, that he or she failed to do what a competent attorney would have done in similar circumstances. This is generally done through the expert testimony of another attorney who is knowledgeable and experienced in the same area of the law. You also must prove all of the necessary elements of the underlying case. For example, if you were injured in a motor vehicle accident and your attorney failed to timely file your personal injury case within two years, as required by Connecticut law, you would need to prove through expert testimony that the attorney’s conduct violated the applicable standard of care. You would also be required to prove that you were injured as a result of the negligence of another party or entity and that, as a result, you suffered economic and/or non-economic damages.