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Tampa Professional Negligence and Legal Malpractice Attorney

The occupation of an attorney is very stressful and it is not without its risks. Sometimes, even the best attorneys are targeted in a legal malpractice case. If you or your business has suffered harm due to professional negligence and legal malpractice, it is important that you take action quickly. On the other hand, if you are an attorney or law firm that is facing legal action, you also should not wait to start preparing your defense. Below, our Tampa professional negligence and legal malpractice attorney explains what must be proven in these cases, and how to prepare a defense.

Proving Professional Negligence and Legal Malpractice

Proving professional negligence and legal malpractice is never easy. The elements of your case will have to prove if you have suffered harm due to malpractice are as follows:

  • Duty: You must establish that an attorney owed you a duty to protect you from as much harm as possible. In legal malpractice cases, the legal duty is established as soon as the attorney-client relationship is established.
  • Breach: You must also show that the attorney you are accusing of malpractice breached the duty of care they owed you. You can prove a breach by showing that the attorney failed to act in the way you had agreed to, made a serious error, or were otherwise negligent in their duties.
  • Causation: You must establish a direct link between the attorney’s negligent act and any harm you suffered.
  • Damages: Legal malpractice claims are meant to restore you to the same position you were in before the malpractice occurred. As such, you must have suffered damages, or losses, that you are seeking compensation for through your claim.

Preparing a Defense for Legal Malpractice Claims

Maybe you do not want to file a claim based on legal malpractice but instead, someone is accusing you of malpractice. This is very stressful, as your practice, license, and livelihood could be at risk. When you start preparing a defense for legal malpractice claims, there are many things to do and these are as follows:

  • Stay calm: It is important to remain calm if anyone has taken legal action against you, which is advice you likely give your own clients. Do not view it as a personal attack and instead, assess the situation with as much objectivity as possible.
  • Do not handle the case on your own: As an attorney, it is natural to think that you handle the claim on your own. However, even lawyers need legal advice from time to time. Working with a legal malpractice attorney can bring more viewpoints and perspectives to your case, and defenses you may not have considered.
  • Organize your documents: You know that all legal cases rest on documentation, so it is important to organize evidence. This can include timesheets, documented communications, a chronology of the relationship, and other important information regarding the attorney-client relationship.

Call Our Professional Negligence and Legal Malpractice Attorney in Tampa for Help with Your Case

Whether you need to file a legal malpractice claim or defend against one, our Tampa professional negligence and legal malpractice attorney at BBDG Law can help. Call us now at (813) 221-3759 or contact us online to schedule a consultation and to get more information.

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